May 20, 2026 05-20-2026 PB Meeting

[00:00:02]

ON? OKAY, WE'RE CALLING THE MAY 20TH PLANNING BOARD MEETING TO ORDER. WOULD YOU PLEASE ALL RISE FOR THE PLEDGE OF ALLEGIANCE? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. MEMBER, WOULD YOU PLEASE CALL THE ROLL? PRESENT. WILLIAM CLARK HERE. CAITLIN SHIMURA HERE. KIM RYAN HERE. BRIAN STEWART HERE. RICH SAJAK HERE. MILTON QUANDT HERE. OKAY, SO WE HAVE A FULL BOARD AND WE ALSO HAVE A NEW ALTERNATE MILTON. HE CAME BACK AFTER THIS FIRST MEETING, SO THAT'S A GOOD SIGN. WE WANT HIM

[1. Erie County Agricultural Society – Requesting Site Plan Approval for a proposal to demolish three (3) structures and construct a 32,850+/- sq-ft one-story building within the existing Slade Park between the existing Fireman's Building and Grange Building, to be located at 5600 McKinley Parkway]

DO I HEAR FROM EVERYBODY? OKAY, THEN MAKE YOUR NOTES ON THAT. IF YOU HAVE ANY COMMENTS. AND THEN PROCEED WHERE WE ARE FOR THIS EVENING. GOOD EVENING EVERYBODY. I'M DOUG HUTTER WITH ZACK'S ARCHITECTURAL HERE TO ANSWER ANY OF YOUR QUESTIONS. JOSH WAS VERY KIND TO SEND THE REPORT TO OURSELVES, AND I'M READY TO ANSWER ANY QUESTIONS REGARDING THE CONSERVATION FOLKS. I MET WITH THEM LAST SATURDAY. YOU MAY HAVE TO PULL THAT MIC UP, BECAUSE THEY'RE NOT GOING TO BE ABLE TO HEAR YOU. PLEASE. HI. THAT MUCH BETTER. SHALL I START AGAIN? YEAH. WELL, NO, YOU DON'T HAVE TO, BUT GO AHEAD. I'M READY TO ANSWER ANY QUESTIONS REGARDING THE CONSERVATION BOARD. WE ACTUALLY I PERSONALLY MET THEM ON SATURDAY AS WELL TO GIVE THEM A LITTLE TOUR AND SHOW THEM THE DETAILS OF THE SITE SO THEY COULD FINISH THE REPORT AND FORWARD IT TO YOU FOLKS. OKAY. PLANNING DEPARTMENT. I'LL I'LL ADD IS THAT I HELPED COORDINATE THE CONSERVATION ADVISORY BOARD BEING ABLE TO GO OUT TO THE SITE TO CONDUCT A SITE VISIT. THEY MET MR. HUTTER OUT THERE AND PROVIDED IT PROVIDED THEIR COMMENTS FOR THE PLANNING BOARD TO CONSIDER BEFORE MAKING A SITE PLAN APPROVAL DECISION TONIGHT. OKAY.

ENGINEERING DEPARTMENT. SORRY, DO YOU HAVE ANYTHING MORE TO OFFER OR DID YOU LOOK AT THE CAB REPORT? DO YOU HAVE ANYTHING TO TO ADDRESS? I HAVE NOTHING TO ADDRESS ON THE CAB REPORT. I DID HAVE A CONVERSATION WITH THE ARCHITECT IN BETWEEN THE LAST MEETING.

AND NOW, JUST TO TALK A LITTLE BIT ABOUT UTILITIES AND GRADING AND DRAINAGE. AND I THINK WE'RE ON A GOOD ROUTE WITH THAT. SO I DON'T HAVE ANY QUESTIONS OR COMMENTS. OKAY. BOARD MEMBERS.

MEMBER RYAN, CAN I ASK THE CAB? THE QUESTION? ARE YOU THE OR JUST PUT IT OUT THERE. WHY DON'T YOU GRAB THE MIC SO WE CAN HEAR YOUR QUESTION? MEMBER RYAN, I KNOW IN THE CAB REPORT IT WAS SUGGESTED THAT MAYBE THE JAPANESE MAPLE TREES BE SAVED. HOW SUCCESSFUL IS IT TO SAVE A TREE AND REPLANT IT IF IT HAS TO BE MOVED? DO WE HAVE SOMEBODY FROM CAB HERE THIS EVENING TO ANSWER THAT QUESTION OR. YOU HAVE TO COME ON UP. YOU DIDN'T WRITE THE REPORT. HI, LEONA. GOOD. HERE. I DON'T HAVE THE INFORMATION ABOUT HOW SUCCESSFUL WE ARE, BUT WE WE ESTIMATED THE VALUE OF EACH ONE OF THOSE JAPANESE MAPLES. THERE ARE TWO OF THEM, AND THEY'RE DOING REALLY WELL THAT IF YOU WANTED TO BUY ONE AND PUT IT ON YOUR PROPERTY, IT WOULD COST YOU $5,000 AT LEAST. SO THEY'RE VERY VALUABLE AND THEY'RE BEAUTIFUL AND THRIVING, AND THEY'RE KIND OF LIKE AN A CENTERPIECE RIGHT IN FRONT OF THE AREA THAT THEY'RE GOING TO PUT THE EVENT CENTER ON. OKAY, OKAY. THANK YOU. ANY FURTHER, ANY OTHER QUESTIONS? ANY

[00:05:03]

SO ALL OF THOSE ITEMS, INCLUDING ANY OF THE SHRUBBERY THERE, WE'D BE HAPPY TO RELOCATE WITHIN THE FAIRGROUNDS. WE HAVEN'T IDENTIFIED EXACTLY WHERE YET. I SPOKE TO OUR LANDSCAPE ARCHITECT, MOLLY BANDURA ABOUT THEM. SHE DID SAY ALTHOUGH A JAPANESE MAPLES ARE EXPENSIVE TREES, THEY'RE ALSO CONSIDERED AN INVASIVE SPECIES, AND THEY WILL ACCOMMODATE THEM WITHIN THE STATE PARK AREA FOR RELOCATION. OKAY. ANYTHING ELSE? NO OTHER QUESTIONS FROM THE BOARD. OKAY, SO WE HAVE A RESOLUTION IN FRONT OF US WHO WOULD LIKE TO MAKE A MOTION. SO ONE SECOND. I'M SORRY. I DON'T FORGET YOUR MICROPHONE MEMBER. CLARK, I THINK WE CAN MAKE A CONDITION, A SITE PLAN TO RELOCATE THE LANDSCAPING, THE WAY THE APPLICANT JUST DESCRIBED TO SATISFY THE REQUESTS IN THE CAB MEMO. ARE YOU GOING TO BE WORDSMITHING THAT? I WASN'T PLANNING ON IT. I DIDN'T REALLY, AS HE WAS DESCRIBING IT, I DIDN'T WRITE FAST ENOUGH TO START. KAMI, DO YOU REMEMBER THE DATE OF YOUR ENGINEERING LETTER? 515. JOSH, DID YOU CATCH ALL THAT ABOUT THE JAPANESE MAPLE? NO. OKAY. SO WOULD YOU LIKE TO GIVE JOSH AN IDEA AGAIN ON WHAT YOUR WHAT YOUR ARCHITECT SAID? SURE. SO MOLLY VENDOR, OUR LANDSCAPE ARCHITECT, INDICATED THAT JAPANESE MAPLES, ALTHOUGH EXPENSIVE, THEY ARE INVASIVE SPECIES. BUT DUE TO THE REQUESTS, WE'RE HAPPY TO RELOCATE THEM WITHIN THE PARK AREA. WE HAVE NOT SELECTED A SPECIFIC LOCATION. THEY WILL BE PLACED WITHIN LANDSCAPE BEDS SIMILAR TO WHAT WE HAVE ON SITE IN ITS CURRENT LOCATION. IS THAT SOMETHING THAT CAN BE SHOWN ON A LANDSCAPE PLAN THAT I CAN JUST APPROVE IN MY DEPARTMENT, OR IS THAT SOMETHING THAT YOU WANT CODIFIED IN THE SITE PLAN ITSELF? NO, I THINK IT SHOULD BE WITH THE PLAN. YOUR FIRST OPTION. YEAH. PICTURE IS GOING TO BE BETTER. THAN THE DESCRIPTION. SO SO WE'LL ADD IT TO THE LANDSCAPE PLAN. OKAY. SO THAT IT FOR YOUR CONTINGENT APPROVAL, OF COURSE. OKAY. AND THEN I THINK THAT'LL THEN TAKE OUT THE DATED AND THEN IT'LL JUST BE WHENEVER THEY SUBMIT IT. OKAY. ARE THERE ANY OTHER CONDITIONS THAT THE BOARD WOULD LIKE TO ADD? SO WE HAVE THE ENGINEERING LETTER DATED 515. AND WHAT ABOUT THE LANDSCAPING LETTER. SO I JUST SAID BECAUSE THEY'RE GOING TO AMEND IT BASED OFF OF MEMBER CLARK'S AND THE CAB'S MEMO, THAT WE'LL JUST TAKE OUT THE DATE BECAUSE THEY'LL HAVE TO RESUBMIT IT AND MY DEPARTMENT WILL APPROVE IT ANYWAYS. OKAY. THAT SOUNDS LIKE A PLAN. OKAY. THANK YOU. SO WE'RE GOING TO REWRITE THREE TO DATE. YEAH. YEP. CORRECT. ANY OTHER CONDITIONS? ANY OTHER CONDITIONS? BOARD MEMBERS. MEMBERS OR CONDITIONS. OKAY. NO, I THINK WE'RE GOOD. COME. DOES THAT MEAN DOES THAT MEAN. SURE. I'LL MAKE A MOTION. YOU SOUND A LITTLE STUFFY THERE. ALLERGY TIME IS GREAT. THERE YOU GO. ERIE COUNTY AGRICULTURAL SOCIETY, NEW EVENT CENTER, 5600 MCKINLEY PARKWAY. SEEKER AND APPROVAL RESOLUTION. MAY 20TH, 2026. SEEKER. IN ACCORDANCE WITH THE NEW YORK STATE SEEKER LAW, THE TOWN OF HAMBURG PLANNING BOARD HAS REVIEWED THE ERIE COUNTY AGRICULTURAL SOCIETY EVENT CENTER PROJECT PROPOSAL TO DEMOLISH THREE STRUCTURES AND CONSTRUCT A 32,850 SQUARE FOOT, ONE STORY BUILDING WITHIN THE EXISTING

[00:10:06]

PUBLIC HEARING WAS HELD ON MAY 6TH, 2026. OKAY. IS THERE A SECOND? SECOND. IT'S BEEN MOVED BY MEMBERS FROM A SECOND MEMBER, CLERK. ALL THOSE IN FAVOR? AYE, AYE. ANY OPPOSED AND OPPOSED? YOUR RESOLUTION PASSES. YOU'RE ALL SET. GOOD LUCK ON YOUR PROJECT. OH, THE SITE PLAN. THE SITE PLAN. APPROVAL. OH, SORRY. PLAN APPROVAL. MY IPAD AT HOME. GO AHEAD. BASED ON THE REVIEW OF THE ERIE COUNTY AGRICULTURAL SOCIETY EVENT CENTER PROJECT MATERIALS AND HAVING COMPLETED THE SECRET PROCESS, THE HAMBURG PLANNING BOARD HEREBY APPROVES THE PROJECT WITH THE FOLLOWING CONDITIONS AND DETERMINATIONS. APPROVAL IS CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED MAY 15TH, 2026. THE INSTALLATION OF SIDEWALKS IS NOT WARRANTED AND THE PROJECT IS LOCATED WITHIN THE ERIE COUNTY FAIRGROUNDS PROPERTY AND THERE WILL BE PEDESTRIAN WALKING PATHS WITHIN THE SITE. THE LANDSCAPING PLAN SHALL BE APPROVED BY THE PLANNING DEPARTMENT, AND ALL PROPOSED LIGHTING ON THE PROJECT SHALL BE DARK SKY COMPLIANT. IS THERE A SECOND? SECOND. IT'S BEEN MOVED BY MEMBER SHIMURA, SECOND BY MEMBER RYAN. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? SEEING NONE. YOUR MOTION PASSES. AND NOW YOU'RE ALL SET. AND GOOD LUCK WITH YOUR PROJECT. WE APPRECIATE YOU. THANK YOU FOR YOUR TIME. AND EVERYBODY. THANK YOU AGAIN. JOSH. YEAH. WHAT DO YOU NEED A PRINTED RESOLUTION? I DO. THANK YOU. OKAY. OUR NEXT CASE. SORRY ABOUT THE FROG. IS BRANDON SANTA REQUESTING SITE

[2. Brandon Santa – Requesting Site Plan Approval for a proposal to construct six (6) shop warehouse buildings along with other associated site improvements to be located on a 7.46-acre parcel at 0 Lakeshore Road (SBL #: 150.00-1-6.2)]

SO JOSH WAS KIND KIND ENOUGH TO SHARE THE DRAFT CONDITIONS WITH US, AND I'VE DISCUSSED THEM WITH BRANDON AND BRITTANY. AND THERE ARE TWO OF THE CONDITIONS THAT WE JUST WANT TO REVIEW TOGETHER. THE FIRST ONE, JOSH'S CONDITION. SEVEN. THANK YOU. SO CONDITION NUMBER SIX PROHIBITS THE USE OF. THAT CUT ACROSS ON ROUTE FIVE, COME BACK INTO THE SITE WHICH THERE WAS PHOTOS OF ORIGINALLY. WHAT WE'RE WILLING TO DO THERE IS WE WOULD JUST LIKE BOTH OF THOSE CONDITIONS

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AND OF COURSE, WHILE BRANDON CAN CONTROL HIS PARTICULAR EMPLOYEES IN CONNECTION WITH FUTURE TENANTS, WE'VE AGREED THAT THERE WOULD BE APPLICABLE LANGUAGE IN THE LEASE AGREEMENTS. BUT AGAIN, WE WANT TO MAKE CLEAR, YOU KNOW, ULTIMATELY WE CAN'T ENSURE OR ENFORCE THAT LANGUAGE AGAINST EACH AND EVERY INSTANCE WHERE THAT MAY OCCUR. IT IS LEGAL ACCESS, AND WE UNDERSTAND WHY IT'S NOT PREFERABLE. AND WE'RE CERTAINLY WILLING TO LIMIT THAT IN TERMS OF HEAVY EQUIPMENT. IS IT MY TURN? SO THE REASON WHY I FELT IT NECESSARY TO ADD PART OF THIS AS A RESOLUTION IN THE LEASE IS I'M WELL AWARE, AND WE DISCUSSED IT THE NIGHT THAT YOU WERE HERE, THAT WE CAN'T ENFORCE IT. THAT WASN'T THE REASON WHY I WANTED IT IN THE RESOLUTION. THIS IS A CONTESTED PROJECT, AND I WAS DOING EVERYTHING I COULD TO DOT EVERY I AND CROSS EVERY T. I THOUGHT THAT MAYBE IF BY PUTTING THAT IN THE LEASE, IT WOULD AWARE YOUR TENANTS AS OPPOSED TO YOU STANDING THERE GOING, YOU CAN'T MAKE THAT TURN. YOU CAN'T MAKE THAT TURN. YOU CAN'T MAKE THAT TURN. AND THAT WAS MY THOUGHT BEHIND THAT. AND I STILL STAND BEHIND THAT. AND WE'RE OKAY WITH THAT. OKAY. WE WOULD JUST LIKE IT TO BE RELATED TO HEAVY EQUIPMENT. I THINK IT'S ALL TRAFFIC BOARD MEMBERS. FIRST OF ALL, DOES EVERYBODY UNDERSTAND SIX AND SEVEN AND WHAT THE ATTORNEY IS PROPOSING? I AND AGAIN, I GUESS IF THAT'S WHAT IT TAKES, WE'RE OKAY WITH THAT. WE'LL PUT IT IN THE LEASE. AND AGAIN, I KNOW YOU MADE IT CLEAR.

PLANNING BOARD CHAIRPERSON, WE'LL DO OUR BEST TO ENSURE COMPLIANCE, BUT WE CAN'T GUARANTEE IT AND WE REALLY WILL. I JUST DON'T WANT TO SIT HERE AND MAKE A REPRESENTATION IN FRONT OF THE BOARD THAT THAT'LL NEVER OCCUR. AND THEN THE FIRST TIME IT OCCURS, BRANDON AND BRITTANY ARE GETTING A PHONE CALL. WELL, THEY WON'T BE GETTING THE PHONE CALL. LET ME TELL YOU THAT FIRST OF ALL. SO AGAIN, THE PURPOSE, THE PURPOSE OF THIS IS TO ALERT EVERYBODY.

I AM WELL AWARE, I'M SURE THIS BOARD IS. CAN I GET SOME HEADS SHAKING HERE? IS EVERYONE AWARE THAT WE CAN'T ENFORCE IT OR. THAT'S NOT THE PURPOSE OF THIS. OKAY, I UNDERSTAND THAT. OKAY, SO WE'VE TALKED ABOUT IT UNTIL THE COWS COME HOME. I AM NOT IN FAVOR OF MAKING ANY CHANGE TO ANY KIND OF HEAVY EQUIPMENT OR NOT HEAVY EQUIPMENT, ANY KIND OF VEHICLE. OKAY. IS THE BOARD IN AGREEMENT WITH THAT? YES. YES. CHAIR. SO CHANGING THAT I'M NOT COMFORTABLE CHANGING IT.

WE'RE WE'RE OKAY WITH THAT. OKAY. WITH THE WITH THE POINTS BEING NOTED. OKAY. AND THEN THE SECOND ONE. WELL, THERE'S ACTUALLY, THERE'S 313. AND THIS IS A TOPIC THAT WAS DISCUSSED PREVIOUSLY ABOUT STORAGE OF HAZARDOUS WASTE. WE WANT TO MAKE CLEAR A COUPLE OF THINGS.

NUMBER ONE, BRANDON ALREADY HAS TWO DIESEL TANKS ON THE SITE. BOTH HAVE 1000 GALLON CAPACITY.

THOSE WOULD BE MOVED TO THE BACK OF THE SITE TO AN APPROPRIATE LOCATION. SO THOSE ARE THERE TODAY. AND THE TYPES OF TENANTS THAT WE ENVISION HERE, WHETHER IT'S SOMEONE WHO DOES CONCRETE WORK, PAINTING, LANDSCAPING, WHILE THEY DON'T STORE MASSIVE AMOUNTS, THEY DO USE MATERIALS THAT WOULD QUALIFY UNDER THE STATE DEFINITION AS HAZARDOUS MATERIALS. SO WHAT I AM SUGGESTING IN TERMS OF MODIFYING THAT CONDITION IS TO THE EXTENT THAT'S OCCURRING ON SITE, AGAIN, IT WOULD BE LIMITED IN NATURE THAT IT COMPLIES WITH THE APPLICABLE STANDARDS, INCLUDING THOSE STANDARDS OF THE D, E, C. JOSH.

I MEAN, THE, THE INTENT OF. SO I PUT TOGETHER THE OBVIOUSLY, THE DRAFT RESOLUTIONS BASED OFF OF THE NINE, TEN MEETINGS THAT WE HAD TRYING TO GO BACK AS FAR AS WHEN WE FIRST STARTED TALKING ABOUT POTENTIAL SITE PLAN CONDITIONS AND TRIED TO INCORPORATE EVERY POINT THAT THIS BOARD TALKED ABOUT. ONE OF THEM AT A MEETING A COUPLE OF MONTHS AGO WAS THE CONCERN ABOUT HAZARDOUS AND FLAMMABLE MATERIALS. I BELIEVE IT WAS MEMBERS WHO HAD BROUGHT THAT UP.

SO I PUT TOGETHER A DRAFT LANGUAGE OF OF WHAT I THOUGHT WOULD WORK. OBVIOUSLY, IT'S THE BOARD'S DECISION OF WHAT THAT LANGUAGE LOOKS LIKE. IF YOU FEEL COMFORTABLE HAVING THAT HAZARDOUS WASTE MATERIALS BE DEFINED BY DEC AND MEET DEC STANDARDS, THEN WE CAN DO IT LIKE THAT. IF YOU HAVE ANY OTHER REVISIONS, WE CAN DO THAT AS WELL. MEMBERS. SURE. I HAVE AN ISSUE WITH THE FACT THAT THE SITE PLAN DOES NOT INDICATE THAT THERE ARE TWO DIESEL TANKS THAT ARE GOING TO BE A PART OF THE SITE THAT ARE A THOUSAND GALLONS EACH. YEAH, THEY'RE THEY'RE ALREADY ON SITE, RIGHT. BUT THEY ARE GOING TO BE MOVED AS A PART OF THE PROJECT TO THEN BE A PART OF THE SITE PLAN. SO THE ONLY THING THAT WOULD OCCUR, AND THIS ISN'T GOING TO

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SO YEAH, ABSOLUTELY. I HAVE A PROBLEM WITH THAT BECAUSE IT'S A CHANGE IN THE SITE PLAN, IS IT NOT? ISN'T IT? NOW WE'RE GETTING THIS AT THE 11TH HOUR AND IT'S NOT ONE PIECE OF PROPERTY. AGAIN, I DON'T KNOW HOW MANY TIMES I HAVE TO SAY THIS, BUT THE, THE, THE PROPERTY TANKS ARE ON THE PROPERTY WITH THE HOUSE. CORRECT. AM I UNDERSTANDING THAT CORRECTLY? SO IT'S TWO PIECES OF PROPERTY. YES. OKAY. LET'S NOT START THAT STUFF AGAIN. SO NOW IF WE'RE GOING TO BE MOVING THESE TANKS AND BASED ON WHAT MEMBER SHIMURA JUST SPOKE ABOUT ALL THESE CHANGES IN SAFETY AND EVERYTHING, AND CLOSER TO THE HOUSES, I MIGHT ADD. SO THIS IS A CHANGE AND I'M NOT IN FAVOR OF IT. AND IF YOU WANT TO DO SOMETHING LIKE THAT, THEN IT'S GOT TO COME BACK IN FRONT OF THE PLANNING BOARD. IT'S UP TO THE BOARD ON WHAT YOU WANT TO DO. SURE YOU CAN. MEMBER QUANT. SO I JUST WANT TO SPEAK A LITTLE BIT ON THE FUEL TANKS BECAUSE AS A PART OF MY DAY JOB, I DEAL WITH THAT A LOT GREATER CAPACITY THAN A THOUSAND GALLONS. ABSOLUTELY. AND FROM WHAT WE DEAL WITH WITH THE TANKS, JUST TO CLARIFY, ARE THESE TANKS DOUBLE WALLED TANKS? YES. AND ARE THEY STEAL OR ARE THEY POLY STEEL? OKAY. SO WITH THOSE, AS LONG AS YOU'RE MEETING ALL THE D, E, C REQUIREMENTS, THERE SHOULD BE NO NECESSARY CONDITION FOR THE UNDERLAYMENT. AND THAT CONDITION. I DON'T KNOW WHAT YOU'RE GOING THROUGH WITH YOUR YOUR SITUATION. YEAH. SO BECAUSE WE DEAL WITH THAT A LOT IN MY JOB. SO ONE THING THAT WE'VE ALWAYS LEANED ON IS THE DECK REQUIREMENTS. AND AS LONG AS WE MEET THOSE REQUIREMENTS, WE ARE GOOD. AND WE'RE A LITTLE BIT MORE EXCESSIVE IN THE FACT THAT OUR TANKS ARE UNDERGROUND, RIGHT WHERE THESE ARE ABOVE GRADE TANKS. SO THERE'S A DIFFERENT DIFFERENCE OF REQUIREMENTS BETWEEN UNDERGROUND TANKS AND ABOVE GROUND TANKS. AND I'M I'M FAMILIAR WITH THOSE. YEAH. IS THERE ANY. AROUND THE TANKS ON THE GROUND. IS THERE A CONCRETE PAD OR ANYTHING. ARE THEY JUST SITTING ON GRAVEL? NO, THEY'RE JUST SITTING ON GRAVEL. GRAVEL. THEY'RE OWNED BY THE FUEL COMPANY AND THEY, YOU KNOW, GOTCHA. ALL THEIR OWN PERMITTING. AND THEY SAID, THESE TANKS, THERE'S NO PERMIT REQUIRED. GOTCHA. YEAH. NO, IT'S I JUST FOR CLARIFICATION. SO THAT'S I JUST WANTED TO POINT THAT OUT REAL QUICK. ANYONE ELSE? DO YOU WANT TO SPECIFY A CONDITION THAT JUST SPEAKS TO THAT POINT OF THE FUEL TANKS AND PUT IT IN THE CONDITION OR PUT IT IN THE SITE PLAN APPROVAL CONDITION SPEAKING TO THE TANKS OF THAT, THEY'LL HAVE TO MEET D, E, C APPLICABLE STANDARDS AND HAVE THAT CODIFIED IN THE SITE PLAN CONDITION AS WELL. YES. AND

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I UNDERSTAND, BUT I'M TELLING YOU I'M NOT. I'M, I'M JUST TRYING TO DOT ALL OUR I'S AND CROSS OUR T'S OF SOMETHING, GOD FORBID HAPPENS. I DO NOT WANT TO HEAR ABOUT IT, I REALLY DON'T. I'VE HAD ENOUGH ON THE SAME PAGE. SO THIS IS MOVING OF THE TWO. WHAT WAS THE SIZE OF IT ABOVE GROUND TWO. ABOVE GROUND DIESEL. ABOVE GROUND. DIESEL STORAGE TANKS. EACH WITH A CAPACITY OF 1000 GALLONS. SHALL COMPLY WITH ALL STANDARDS OF THE D, E, C. YOU CAN JUST PUT NYSDEC PERIOD. DO YOU GUYS WANT IT? SO RIGHT NOW THE TANKS ARE NOT DENOTED ON THE SITE PLAN. I DON'T BELIEVE THAT'S THE OTHER PROBLEM. SO WE HAVE IT. THIS IS THE FIRST WE'RE HEARING OF IT. AND THESE THERE SHOULD BE A PRELIMINARY. IF THEY'RE GOING TO DO THIS THEN THEY HAVE TO COME BACK IN FRONT OF THE PLANNING BOARD WITH A NEW SITE PLAN. IT'S. I'M GOING TO I RECOMMEND THAT WE CHANGE IT, TREAT IT AS A CHANGE IN SITE PLAN. SO BECAUSE IT'S NOT.

AND MY REASONING IS THIS, JOSH, IT'S NOT ON THE CURRENT SITE PLAN. IT'S NEVER BEEN DISCUSSED UP UNTIL TONIGHT. WE'RE AT THE 11TH HOUR WITH ALL THESE CONDITIONS. I'M NOT HAPPY THAT THIS CONDITION IS IN THERE, BECAUSE I DON'T EVEN KNOW WHERE THEY'RE GOING TO PUT THEM ON THAT PROPERTY. IT'S NOT BEEN DISCUSSED. AND SO I THINK THAT AND I'M GOING TO ASK MEMBERS TO HELP ME WITH THIS, I THINK THAT WE NEED TO SEE WHERE IT'S GOING TO GO FIRST. SO WHERE WHERE THE TANKS LOCATED ON THE ARE THEY ON THE SITE RIGHT NOW? THEY'RE ON THE HOUSE SITE. THEY'RE NOT ON THE SITE THAT'S SUBJECT TO THE SITE PLAN REVIEW. SO IT WOULD BE A CHANGE IN THE SITE PLAN, WOULDN'T IT? BECAUSE WE'RE NOT SEEKING SITE PLAN APPROVAL FOR THE HOUSE. THE EXISTING PARCEL. YEAH. THERE'S NO THERE'S NO ACTION FOR MOVING THE TANKS TO, TO THE OTHER PIECE OF PROPERTY. IN THE EVENT DIESEL TANKS ARE ADDED TO THE PROJECT SITE, WHICH WOULD BE PROPOSED AS TWO ABOVE GROUND DIESEL TANKS WITH CAPACITY SHALL COMPLY WITH DC STANDARDS AND THE LOCATION SHALL COME BEFORE THE PLANNING BOARD. THE PLANNING BOARD. AND ISN'T THAT THE SAME AS ANY CHANGES? IF YOU MAKE CHANGES AND THEY'RE DETERMINED TO BE. WELL, THAT'S MY POINT. YEAH. SO OKAY, SO ESSENTIALLY WHAT YOU'RE SAYING IS SHOULD THIS HAPPEN IN THE FUTURE, THAT ACTION WOULD COME BEFORE THE PLANNING BOARD TO APPROVE AN AMENDED SITE PLAN SHOWING THE TANKS ON THE SITE AND THE INSTALLATION DETAILS. YEAH. OKAY. RIGHT THERE, RIGHT NEXT TO MY HOUSE THERE, BRANDON SAID. ULTIMATELY, IF HE JUST HAS TO LEAVE HIM WHERE THEY ARE, HE'S OKAY WITH THAT. IT WOULD JUST BE TO BE MORE EFFICIENT IN THE FUTURE IF HE DOES RELOCATE HIS BUSINESS. SO SO THAT WOULD THEN SAY IF YOU GO TO START IN THE BEGINNING. YEP. IN THE EVENT. THAT WE DELETE MOVEMENT OF. AND THE. THEN AFTER GALLONS. TO OKAY. AFTER A THOUSAND GALLONS. YEAH. ARE TO BE LOCATED WITHIN THE PROJECT SITE IN THE EVENT TWO ABOVE GROUND DIESEL ARE TO BE RE ARE TO BE LOCATED TO BE. IT'S MALFUNCTIONING. OH SCREENSHOT.

TO BE LOCATED WITHIN THE PROJECT SITE. OKAY, SO PROJECT SHOULDN'T IT BE THIS PROJECT SITE? SHOULD YOU KICK OFF DIESEL TANKS AND JUST PUT ANY ANY. ANY FUEL STORAGE TANKS BECAUSE YOU CAN HAVE ABOVE GROUND FUEL STORAGE TANKS. THAT'S FINE. YES. ARE YOU COMFORTABLE WITH DIESEL TO FUEL. TANKS INSIDE THE TANK SHALL COMPLY. I THINK THE DNC USES

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[00:35:04]

I KNOW I FORGOT WHO BROUGHT IT UP BEFORE. WE TALKED ABOUT PHASES OF WHEN SOME OF THIS INFRASTRUCTURE WOULD BE DONE. DOES THIS BOARD STILL WANT TO DO IT BY PHASES, OR DO YOU WANT TO KEEP IT, KEEP IT AS THIS? WE TALKED ABOUT POTENTIAL. WHAT WOULD NEED TO BE INSTALLED IN PHASE ONE VERSUS WHEN THE BUILDINGS COME? I DON'T KNOW IF THE BOARD STILL WANTED TO GO THAT ROUTE. MEMBER. I WOULD LIKE TO PUSH FOR ALL OF THE LANDSCAPING AS PART OF THE, YOU KNOW, BERM ENHANCEMENT AND STUFF TO BE COMPLETED IN PHASE ONE OF THE PROJECT. I CONCUR WITH THAT. I THINK THE DISCUSSION PRIOR WAS THAT WE WERE CONCERNED THAT SOME OF IT WOULD BE INSTALLED, WOULD BE THE TALK MUCH. SOME OF THE LANDSCAPING WOULD BE PUT IN, AND THEN THE PROJECT ITSELF MIGHT DESTROY IT. SO THE THINGS THAT CAN'T COME IN AT THE TIME PRIOR TO THE PROJECT IS THE LANDSCAPING BEHIND THE BUILDINGS, RIGHT? SO THE LANDSCAPING ASSOCIATED WITH THE BUILDINGS THEMSELVES WOULD BE COMPLETED UPON THE COMPLETION OF THE BUILDING. RIGHT. BUT, BUT THE BERM TO ENHANCE THE BERM ALONG RUSH CREEK SHALL BE COMPLETED IN. CORRECT? YES. OKAY. SO YOU'D WANT THAT IS IS THE APPLICANT COMFORTABLE WITH.

SO CONDITION NUMBER THREE WOULD SAY BERMS ALONG RUSH CREEK THAT ARE EXTENDED TO FULL LENGTH IN THIS REFERENCE SHALL BE INSTALLED IN CONNECTION WITH PHASE ONE OF THE PROJECT, WHATEVER THAT PHASE MAY BE. CORRECT. AND BRANDON, I THINK WE'RE OKAY WITH THAT, RIGHT? IN PHASE ONE OF THE PROJECT. OKAY. NUMBER FOUR, THE INSTALLATION OF SIDEWALKS IS NOT WARRANTED AS THEY ALREADY EXIST ALONG THAT FRONTAGE OF LAKESHORE ROAD. ALL PROPOSED LIGHTING ON THE PROJECT SHALL BE SHIELDED AND DARK SKY COMPLIANT TO ENSURE THERE WILL NOT BE ANY LIGHT SPILL ONTO ADJACENT PROPERTIES. THERE WILL BE NO BUILDING MOUNTED LIGHTING ON THE BACKSIDE OF THE NORTHERN OR EASTERN BUILDINGS, AS SHOWN ON THE SITE PLAN. CAN WE REVISE THAT TO SAY THERE WILL BE NO BUILDING MOUNTED LIGHTING ON SIDES OF BUILDINGS? IS IT A BUDDING OR ADJACENT TO RESIDENTIAL PROPERTIES? WHATEVER ONE IS ADJACENT ADJACENT TO RESIDENTIAL PROPERTIES, SO THERE'LL BE NO BUILDING MOUNTED LIGHTING ON.

ELEVATION, ON ELEVATIONS OF BUILDINGS, BUT ADJACENT TO RESIDENTIAL PROPERTIES JUST ADJACENT. TO THE HOUSES ON ELEVATIONS OR SIDES OF BUILDINGS. ADJACENT TO RESIDENTIAL PROPERTIES. AND THEN ARE WE KEEPING THE SECOND PART OF REMOVING? I DON'T THINK YOU NEED IT IF YOU PUT THAT. OKAY. I, I THINK IT'S KIND OF OVERKILL THOUGH. ADJACENT TO RESIDENTIAL PROPERTIES AS SHOWN ON THE SITE PLAN. OKAY. IF YOU'RE COMFORTABLE WITH THAT.

OKAY. SIX WE AMEND IT. SO ALL VEHICLES SHALL BE REQUIRED TO CONTINUE SOUTHBOUND AND UTILIZE THE WOODLAWN EXIT OFF OF ROUTE FIVE TO CIRCLE AND COME BACK UP ROUTE FIVE, GOING NORTHBOUND TO MAKE A RIGHT INTO THE PROJECT SITE. THE APPLICANT SHALL INCLUDE LANGUAGE REGARDING THIS TRAFFIC PLAN AND THE LEASE AGREEMENTS WITH TENANTS. OKAY. SEVEN WE AMENDED. THE APPLICANT WILL DIRECT HIS COMPANY DRIVERS INTO THE MAXIMUM EXTENT PRACTICABLE HIS TENANTS TO NOT USE THE STATE RIGHT OF WAY OFF OF HOLLY ROAD TO ATTEMPT TO ACCESS THE PROJECT SITE. OKAY EIGHT THE APPLICANT SHALL COMPLY WITH ERIE COUNTY DIVISION OF SEWER MANAGEMENT REQUIREMENTS TO PROVIDE A 30 FOOT WIDE SANITARY SEWER EASEMENT CENTERED ON THE PIPE THAT WILL BE REQUIRED FOR THE EXISTING SANITARY SEWER. LOCATED ON THE TEN FOOT WIDE PARCEL OWNED BY THE WOODLAWN SEWER DISTRICT. GIVEN THAT RUSH CREEK IS CONSIDERED A 3O3D BY DEC, IT SHOULD BE A REQUIREMENT THAT THERE ARE TWO INSPECTIONS PER WEEK TO ENSURE THAT ALL NECESSARY EROSION AND SEDIMENT CONTROLS ARE IN PLACE. STORMWATER MANAGEMENT FACILITIES SHALL BE DESIGNED TO MEET THE REQUIREMENTS FOR WATER QUALITY AND QUANTITY, INCLUDING

[00:40:02]

BURNING. THERE SHALL BE NO BURNING ON THE PROJECT. ARE THERE ANY OTHER CONDITIONS THAT ANYBODY WANTED TO BRING UP? I HAVE ONE THERE WAS A LITTLE BIT BACK IN MEMORY, A LITTLE BIT BACK AND FORTH WITH THE WOODLAWN SEWER DISTRICT, AND THAT I DON'T BELIEVE THAT WE HAVE RECORD OF THE ACCESS AGREEMENT BETWEEN THE APPLICANT AND THE SEWER DISTRICT FOR THEIR PROPERTY. AND SO ASKING THAT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THAT THE APPLICANT PROVIDE IN WRITING AN AGREEMENT WITH ACCESS AND MAINTENANCE WITH THE WOODLAWN SEWER DISTRICT. CAMI, WOULD YOU LIKE TO COMMENT? BECAUSE THAT WOULD BE STANDARD, WOULDN'T IT? WELL, IN MY ENGINEERING LETTER, YOU WILL SEE THAT I STATE THAT ANY THIRD PARTY APPROVALS OR PERMITS WILL BE RECEIVED BEFORE I WILL GRANT FINAL ENGINEERING APPROVAL. SO IN THIS CASE, I WOULD CONSIDER THAT A THIRD PARTY APPROVAL, ALTHOUGH IT'S UP TO THIS BOARD. OF COURSE, IF THEY WANT TO MAKE IT AN EXPLICIT CONDITION. BUT I 100% AGREE THAT IN ORDER TO PROVIDE THAT EMERGENCY ACCESS, I WOULD NEED TO SEE WOODLAWN SEWER DISTRICT'S APPROVAL OF NOT ONLY GRANTING THAT ACCESS, BUT WHATEVER MATERIALS OR FORM THAT ACCESS TAKES. DID YOU GET THAT YET? WE'RE OKAY WITH IT EITHER WAY, BUT IT'S A TYPICAL CONDITION THAT CAMI WOULD PUT IN HER LETTERS, AND WE'RE FINE WITH THAT. OKAY. DID YOU HAVEN'T RECEIVED THAT YET? NO.

BUT REMEMBER, BRANDON DID ATTEND ONE OF THEIR MEETINGS, AND THE AGREEMENT HAS BEEN REACHED. OKAY. I DON'T THINK WE'VE RECEIVED ANYTHING IN WRITING. TEXT MESSAGES BETWEEN US. YEAH. OKAY. MEMBERS. MEMBERS. I. I HAD A QUESTION ABOUT THE ACCESS ROAD. HOW HOW WOULD THAT BE CONSTRUCTED? LIKE WHAT MATERIALS IS THERE GOING TO BE GEOTEXTILE FABRIC UNDERNEATH? BRANDON SAND I'M THE PROPERTY OWNER. IT'S SHOWN ON THE ON THE PLAN. I'M NOT SURE HOW THEY WILL DESIGN IT, BUT I ASSUME IT'LL EITHER BE PAVED OR A STONE ROADWAY OR WHATEVER IS REQUIRED. AND THAT'S GOING TO CONNECT TO THE ZERO LAKESHORE. IT'S GOING TO CONNECT TO THE PROJECT SITE FROM BEAM ROAD, RIGHT? I'M JUST WHAT THEY REQUESTED. I'M JUST THAT'S WHAT THE THAT'S WHAT WOODLAWN REQUESTED. WE DON'T WE CAN'T CHANGE THAT. THAT'S THERE.

I'M A LITTLE UNCOMFORTABLE THAT IT'S CROSSING OVER A PARCEL THAT'S UNUSABLE TO GET TO THE USABLE PARCEL. PARCEL I JUST IT JUST SEEMS LIKE WE'VE ADDED UP QUITE A FEW IMPROVEMENTS ON THAT OTHER PROPERTY THAT ARE BENEFITING THIS PROPERTY. I HAVE ONE OTHER COMMENT.

WOODLAWN SEWER ALSO NEEDS ACCESS TO THE PARCEL. SO THIS IS GOING TO ALSO GIVE THEM ACCESS TO THEIR PARCEL. THERE IS ACCESS OFF ROUTE FIVE BUT IT'S NOT. THEY WOULD HAVE TO PUT IN A FULL ROADWAY TO GET INTO THEIR PARCEL FROM ROUTE FIVE. SO I'M GIVING THEM ACCESS TO MAINTAIN THEIR SEWER LINE. THEY'RE GIVING ME ACCESS FOR FIRE AND MAINTENANCE OF MY PROPERTY. RIGHT. I UNDERSTAND THERE'S CURRENTLY LEGAL ACCESS. THEY'RE UTILIZING IT, BUT THEY ACTUALLY DON'T HAVE THE LEGAL RIGHTS. SO THIS WILL GIVE THEM THE ACTUAL PERMANENT LEGAL RIGHT. I JUST FEEL LIKE THERE'S BEEN QUITE A FEW IMPROVEMENTS TO THE OTHER PROPERTY THAT

[00:45:05]

SEAN ATTORNEY JOSEPH GOGAN I'M JUST LOOKING AT THE GIS MAP. AND, AND THIS IS AGAIN, FROM, FROM LIABILITY PERSPECTIVE FROM THE TOWN. I DO FROM WHAT I'M LOOKING AT THIS MAP, IT DOES SHOW THAT THE TEN FOOT PARCEL THAT'S OWNED BY WOODLAWN DOES EXTEND ALL THE WAY TO THE STATE ROAD THAT THEY WOULD HAVE ACCESS ALL THE WAY TO THAT, THAT RIGHT OF WAY. SO THEY SHOULD HAVE FREE AND CLEAR ACCESS FROM THAT SIDE. IT'S ONLY TEN FEET WIDE. TEN FEET WIDE. I BEAT YOU, I BEAT YOU ON THAT ONE. IT'S ONLY TEN FEET WIDE. BUT THEY FROM WHAT I SEE, IT SHOULD IT SHOULD BE. AND I JUST WANT TO BACK UP A LITTLE BIT. NOT MAJOR. YOU MENTIONED THAT THAT MR. SANTA USES 33, 77, 3379 LAKESHORE. THAT'S THE ONE THAT GOES TO HOLLY ON THE ON THE CORNER WAS, WAS THE SURVEY EVER DONE TO SHOW WHERE THAT PROPERTY LINE IS OF THAT PROPERTY? WE ACTUALLY PRESENTED AT ONE OF THE MEETINGS OF THAT PARCEL. YEAH. BECAUSE WHAT I'M LOOKING AT IS, IS AND AGAIN, IT'S THE GIS MAP AND IT SHIFTS IT. IT VARIES, BUT IT LOOKS LIKE THAT PARCEL IS KIND OF TRAPEZOID SHAPED AND IT EXTENDS SO THAT YOU HAVE TO CROSS THAT PROPERTY IF YOU'RE COMING FROM HOLLY, IF I COULD YEAH, I DON'T, I CAN EVEN SHOW YOU. AND AGAIN, THIS IS JUST MY, THIS IS JUST MY LEGAL MIND. SO IT SHOWS THAT THIS PARCEL GOES ALL THE WAY TO WHERE THE, THE, THE LIGHT STANDARD IS THE, THE TRAFFIC LIGHT. AND SO IF, IF SOMEBODY IS USING THIS PARCEL. OH YES, GET, GET AN AGREEMENT FROM THAT PERSON. RIGHT. AND HE ALREADY HAS THAT AGREEMENT. IS IT WAS IT WAS IT A IS IT A RECORDED, IS IT AN EASEMENT OR A SHARED DRIVEWAY AGREEMENT OR SOMETHING OF THAT NATURE? I ALSO HAD THE PROPERTY LINE STAKED BY NUSSBAUMER AND CLARK TO SEE WHERE THE PROPERTY LINE ACTUALLY LAYS, AND IT'S ONLY A FEW FEET OFF THEIR BUILDING. I KNOW ON THE MAP IT SHOWS DIFFERENT. I WOULD JUST FOR TOWN LIABILITY BECAUSE IF THIS PROJECT IS GOING PAST THE TOWN AND WE SAY, YEAH, IT'S OKAY, AND THEN A PEDESTRIAN GETS HIT THERE AND IT'S SOMETHING THE TOWN OF. I'M JUST JUST WANT TO SEE IF THERE IS AN AGREEMENT, IF THERE'S AN EASEMENT, IF THERE'S A SHARED DRIVEWAY AGREEMENT, SOMETHING RECORDED THAT SHOWS THAT THAT'S BEEN TAKEN CARE OF. RIGHT. REMEMBER, BRANDON, BECAUSE THAT ISSUE WAS RAISED ACTUALLY HAD AT STAKE BY US. THAT'S THAT'S GREAT. I WOULD JUST I HAVEN'T SEEN THAT SURVEY IF YOU HAVE ACCESS. YEAH. AND IF JOSH, I MEAN, IF YOU SEND IT THROUGH JOSH HE'LL GET IT TO ME. SO I'LL SEE IT. SEAN CAN YOU MAKE SURE WE GET A COPY OF THAT, PLEASE? WHAT DID YOU SAY? COULD YOU MAKE SURE THAT WE GET A COPY OF THAT SURVEY? YES. THANK YOU. WHERE WERE WE? OKAY. ANYTHING ELSE? I THINK WE'RE I, I WOULD JUST LIKE TO.

MEMBERS OF ZAJAK. YEAH. MEMBERS ZAJAK. I, I JUST THE THERE'S BEEN SO MANY IMPROVEMENTS TO THE THE, THE 30 FOOT WIDE PROPERTY AND THAT I THINK SOME OF THEM MAY HAVE NOT HAPPENED IF THIS PROPERTY WASN'T BEING DEVELOPED. I THINK IT'S VERY HARD TO SEPARATE THE TWO. I MAY BE IN THE MINORITY, BUT WE'VE HAD, YOU KNOW, THE PROPERTY WAS BOUGHT, THEIR PROPERTY WAS CLEARED, AND THE PROPERTIES WERE CLEARED AT THE SAME TIME. MR. ZAJAK, I'M GOING TO STOP YOU RIGHT THERE. WE COVERED ALL THIS. I KNOW YOU AND I DISCUSSED IT. YOU DISCUSSED IT WITH ANN. ONE SECOND. I'M SPEAKING. YOU AND I HAD DISCUSSED THIS. YOU BROUGHT IT UP TO FORMAL QUESTIONS TO JOSH. LET ME FINISH. YOU KEEP BRINGING IT BACK UP AND BRINGING IT BACK UP. ALL OF US HAVE GIVEN YOU ANSWERS. WE COVERED IT HERE AT THE MEETING.

I DON'T KNOW WHAT YOU WANT US. YOU ACCUSED ME OF NOT DOING THIS RIGHT. HANG ON. AND YOU DID. I HAVE IT IN AN EMAIL. SO THE THING OF IT IS, IS THAT WE DISCUSSED THIS AT THE BEGINNING OF THE PROJECT, AND THEN YOU BRING IT TO ME THE DAY BEFORE THE PROJECT. I CAN'T WAVE A WAND AND MAKE THIS 30FT AS PART OF. AND I DON'T APPRECIATE THE LOOK ON YOUR FACE RIGHT NOW. SO I'M NOT GOING TO LET YOU GO ON WITH YOUR QUESTION. THAT HAS BEEN DISCUSSED AND BEEN DISCUSSED AND BEEN ADDRESSED BY THE ATTORNEYS, BY THE PLANNING BOARD, BY THIS BOARD, AND I'M SORRY THAT YOU'RE UNHAPPY WITH IT, BUT THERE'S NOTHING MORE THAT WE CAN DO. THE FIRST NIGHT THAT WE HAD A MEETING, WHICH, BY THE WAY, YOU WEREN'T HERE, JOSH RULED THAT WE COULD NOT INCLUDE THAT PIECE OF PROPERTY. SO NOW YOU CAN SPEAK. GO AHEAD. I KNOW INDIVIDUALLY EACH OF THOSE ITEMS THAT HAVE HAPPENED WITH THAT PROPERTY ARE CAN BE SEPARATED, BUT I JUST FEEL LIKE THE TOTALITY OF ALL OF THEM TOGETHER MAKES IT HARD. ANYTHING ELSE? THAT'S ALL. OKAY,

[00:50:04]

[00:55:01]

ONE APPROVAL IS CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED 515 2026.

TWO THE LANDSCAPE PLAN DATED 430 2026 SHALL BE APPROVED BY THE PLANNING DEPARTMENT. THREE BERMS ALONG ROSS CREEK THAT ARE EXTENDED THE FULL LENGTH OF THE CREEK AND PULLED BACK FROM THE CREEK BANK SHALL BE INSTALLED AND MAINTAINED BY THE APPLICANT. IN PHASE ONE OF THE PROJECT.

FOUR THE INSTALLATION OF SIDEWALKS IS NOT WARRANTED AS THEY ALREADY EXIST ALONG THE FRONTAGE OF LAKESHORE ROAD. FIVE. ALL PROPOSED LIGHTING ON THE PROJECT SHALL BE SHIELDED AND DARK SKY COMPLIANT TO ENSURE THERE WILL BE. THERE WILL NOT BE ANY LIGHT SPILL ONTO ADJACENT PROPERTIES. THERE WILL BE NO BUILDING MOUNTED LIGHTING ON ELEVATIONS OF BUILDINGS ADJACENT TO RESIDENTIAL PROPERTIES, AS SHOWN ON THE SITE. PLAN SIX. I CAN'T READ SEX YET. OKAY, THERE YOU GO. ALL VEHICLES SHALL BE REQUIRED TO CONTINUE SOUTHBOUND AND UTILIZE THE WOODLAWN EXIT OFF OF ROUTE FIVE TO CIRCLE AROUND AND COME BACK UP ROUTE FIVE, GOING NORTHBOUND TO MAKE A RIGHT INTO THE PROJECT SITE. THE APPLICANT SHALL INCLUDE LANGUAGE REGARDING THIS TRAFFIC PLAN IN THE LEASE AGREEMENTS WITH TENANTS. SEVEN THE APPLICANT WILL DIRECT HIS COMPANY DRIVERS AND TO THE MAXIMUM EXTENT PRACTICABLE, HIS TENANTS TO NOT USE THE STATE RIGHT OF WAY OFF OF HOLLY ROAD TO ACCESS THE PROJECT SITE. THE APPLICANT SHALL COMPLY WITH ERIE COUNTY DIVISION OF SEWER MANAGEMENT, ERIE COUNTY SDSM REQUIREMENTS TO PROVIDE A 30 FOOT WIDE SANITARY SEWER EASEMENT CENTERED ON THE PIPE THAT WILL BE REQUIRED FOR THE EXISTING SANITARY SEWER. LOCATED ON THE TEN FOOT WIDE PARCEL OWNED BY THE WOODLAWN SEWER DISTRICT. SB L LOT NUMBER ONE FIVE, 0.00-1-159. GIVEN THE RUSH CREEK IS CONSIDERED A 303 D BY THE NYSDEC, IT SHALL BE REQUIREMENT THAT THERE ARE 2SWPPP INSPECTIONS PER WEEK TO ENSURE THAT NECESSARY EROSION AND SEDIMENT CONTROL MEASURES ARE IN PLACE. TEN STORMWATER MANAGEMENT FACILITIES SHALL BE DESIGNATED TO MEET NYSDEC REQUIREMENTS FOR THE WATER QUALITY AND QUANTITY, INCLUDING A 100 YEAR STORM. EVENT 11 THE APPLICANT SHALL COMPLY WITH CHAPTER 243 TREE MANAGEMENT OF HAMBURG TOWN CODE FOR ANY PROPOSED TREE CLEARING, CLEARCUTTING OR TREE REMOVAL. 12 THE APPLICANT AND SUBSEQUENT TENANTS SHALL BE REQUIRED TO COMPLY WITH THE. CHAPTER 175 NOISE ORDINANCE OF THE TOWN OF HAMBURG TOWN CODE 13. THERE SHALL BE NO STORAGE OF HAZARDOUS MATERIALS AS DEFINED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE SHOP BUILDINGS, OR THE OUTDOOR STORAGE AREAS THAT IS NOT IN COMPLIANCE WITH APPLICABLE STANDARDS. 14 IN THE EVENT ABOVEGROUND PETROLEUM STORAGE TANKS OF ANY CAPACITY ARE TO BE LOCATED WITHIN THE PROJECT SITE. THE TANK SHALL COMPLY WITH ALL STANDARDS OF THE NEW YORK STATE DEC AND THE LOCATION AND THE INSTALLATION DETAILS SHALL RETURN TO THE PLANNING BOARD FOR AMENDED SITE PLAN APPROVAL. 15 OUTDOOR STORAGE SHALL BE LIMITED TO THE AREAS DENOTED ON THE APPROVED SITE PLAN DATED 430 2020 616. USE OF THE SHOP BUILDINGS IS LIMITED TO STORAGE OF TENANT EQUIPMENT, MACHINERY, MATERIALS, TENANT WORKSHOP SPACE AND RELATED BUSINESS ACTIVITIES. PER THE M3 ZONING DISTRICT 17, THE DECLARATION OF EASEMENTS FOR THE PARCELS AT ZERO AND 3401 LAKESHORE ROAD SHALL BE RECORDED AT THE ERIE COUNTY CLERK'S OFFICE AND RECORDED COPY SHALL BE PROVIDED TO THE PLANNING DEPARTMENT. 18 DEVIATIONS FROM THE APPROVED SITE PLAN OR APPROVED LANDSCAPE PLAN LANDSCAPING PLAN DETERMINED TO BE SIGNIFICANT BY THE PLANNING, ENGINEERING AND CODE ENFORCEMENT DEPARTMENTS WILL REQUIRE AMENDED SITE PLAN APPROVAL FROM THE PLANNING BOARD. 19 THERE SHALL BE NO BURNING ON THE PROJECT SITE.

[01:00:05]

YOU'RE ALL SET. THANK YOU VERY MUCH. ALL RIGHT. THANK YOU. AT THIS TIME WE'RE GOING TO TAKE A SHORT BREAK. AND OUR NEXT CASE WILL BE 716 STORAGE LLC OKAY. LET'S CALL THE MEETING BACK TO ORDER. OUR NEXT CASE IS. 716 STORAGE. REQUESTING PLANNING BOARD APPROVAL FOR A SPECIAL

[3. 716 Storage, LLC – Requesting Re-Approval for an as-built site plan for a 71,400 sq-ft self-storage facility on vacant land located at the southwest corner of South Park Avenue and Southwestern Blvd]

YEAH. SO I'LL SHOW THE PREVIOUS SITE PLAN JUST SO THAT WE CAN KIND OF ORIENT OURSELVES. I'M GONNA USE THIS ONE. SO IF WE WEREN'T OURSELVES, HERE'S THE THE MAIN BUILDING. THIS IS EXISTING. AND THEN ON THE SITE PLAN THAT WAS APPROVED IN 2023, THERE WERE TWO BUILDINGS HERE WHERE MY CURSOR IS ON THE SCREEN THAT WERE PROPOSED TO GO IN. I BELIEVE THERE'S ALSO GOING TO BE STRIPING OF PARKING. THERE'S GOING TO BE SOME LIGHTING THAT WAS GOING TO GO IN, AND THEN I BELIEVE IN THE AMENDED SITE PLAN THAT THE APPLICANT IS ASKING FOR. IF I GO BACK TO THE OTHER SITE PLAN AND WE TAKE A LOOK AT IT, YOU'LL NOTICE HERE THOSE BUILDINGS ARE GONE. SO THOSE TWO BUILDINGS THAT WERE ON THE PREVIOUS SITE PLAN WERE NOT BUILT, AND THEY'RE LOOKING FOR AMENDED SITE PLAN APPROVAL. KIND OF LIKE, IF YOU RECALL WHAT WE DID AT CAMP ROAD, WE'RE GETTING AN AS BUILT SITE PLAN. SO APPROVING A NEW SITE PLAN OF WHAT'S BEEN BUILT TO DATE WITH SOME OTHER IMPROVEMENTS THAT I BELIEVE THE APPLICANT IS LOOKING FOR. CORRECT. AT THIS POINT. AT THIS POINT IN TIME, THE THE BUILDING IS ACTUALLY THE CLIMATE CONTROLLED STORAGE BUILDING. THAT'S THEY'RE DOING QUITE WELL. SO THEY'RE KIND OF SAYING, WHY DO WE WANT TO ADD MORE TO IT? WE'RE THEY'RE FINE AS IT IS RIGHT NOW. THE OTHER CHANGE WAS THEY THEY TOOK OUT THE LIGHTING. THERE WAS A LIGHT POLE IN THE MIDDLE WHERE THE.

IN THE. THERE USED TO BE THE THE STRIPED AREA, THE MAIN PARKING AREA. AND THEY PUT THREE. WAS IT THREE? JOSH THEY PUT THREE LIGHT POLES IN. THEY DID SUBMIT A LIGHT LIGHTING PLAN AND IT SHOWS THE. THERE'S NO SPILLAGE ONTO THE OTHER SITE OUT OF THE NEIGHBORING PROPERTIES. AND I THINK THE OTHER ONE WAS THE. I'LL. THE DRIVEWAY GOING UP TO THE. BY THE CAR WASH. THEY DIDN'T WANT TO DO THAT THERE. I GUESS THEY WANT TO TRADE THE LANDSCAPING FROM THAT, FROM THE BUILDINGS THAT AREN'T GOING TO BE THERE FOR THAT. THEY'RE SAYING THAT'S A MAINTENANCE ISSUE. AND IF YOU LOOK AT THE MEDIAN THAT'S BETWEEN THAT GOES OUT TO SOUTHWESTERN FROM THE CAR WASH, IT'S ALREADY DAMAGED FROM PLOWS AND STUFF LIKE THAT. SO THEY KIND OF WANT TO, YOU KNOW, NOT KEEP THAT GOING. THEY DON'T WANT THEY, THEY FEEL THAT THAT MEETING IS GOING TO BE MAINTENANCE HAS, YOU KNOW, PROBLEM FROM IT. SO THEY HAVE IT STRIPED AT THIS POINT. BUT I MEAN, WINTER TIME, IT'S NOT GOING TO MAKE MUCH OF A DIFFERENCE. BUT SO TO RECAP, THERE'S BEEN A 6000 AND 3600 SQUARE FOOT BUILDING THAT HAS BEEN REMOVED FROM THE SITE PLAN, WHICH WE'RE HERE. I BELIEVE THERE'S ALSO BEEN THE REPLACING OF SOME LIGHTING POLES WITHIN THE SITE PLAN, THE CURB AND GRASS AREA THAT I BELIEVE THAT

[01:05:05]

ENGINEERING. DO YOU HAVE ANYTHING TO OFFER? FROM THE ENGINEERING SIDE? THE ELIMINATION OF THE BUILDINGS IS REALLY NO CONCERN. I WOULD AGREE THAT ELIMINATING THE ISLAND BY THE GATE, ESPECIALLY BECAUSE THE ROAD DOES THE DRIVEWAY DOES BEND, IS PROBABLY THE SAFER OPTION AS FAR AS DAMAGE AND CARS JUST GOING OVER THAT CURB. JUST TWO NOTES. BY MOVING THE LIGHTING, THERE IS NO SPILLOVER TO THE NEIGHBORING PROPERTY, BUT IT DOES MOVE.

WHAT WAS A LIGHT POST THAT WAS IN THE CENTER OF THEIR PAVED AREA. SO THE LIGHTING WILL BE SLIGHTLY LESS IN THE CENTER BECAUSE THE LIGHT POLES WILL BE FARTHER APART. AND THE REMOVAL OF THAT STRIPED ISLAND IN THE MIDDLE DOES MEAN THAT IT IS A LITTLE WIDE THERE. SO THERE'S NO LIKE DRIVE LANES. SO CARS COMING IN AND OUT ARE LEFT A LITTLE MORE TO THEIR OWN DEVICE TO BE SURE THAT THEY'RE, YOU KNOW, STAYING TO THE RIGHT. IN BOTH CASES, IT'S NOT A HUGE CONCERN BECAUSE THIS IS NOT A HUGE ACTIVITY SORT OF LOCATION BEING SELF STORAGE, BUT IT'S JUST SOME OF THE ITEMS FOR THIS BOARD TO CONSIDER. FROM THE ENGINEERING SIDE. IT'S NOT REALLY A BIG CONCERN AT THIS TIME. OKAY. AND JOSH, WE HAVE TO HAVE A PUBLIC HEARING ON THIS. WE DO HAVE TO HAVE A PUBLIC HEARING ON THIS. YEP. OKAY. BOARD MEMBERS, DO YOU HAVE ANY OTHER QUESTIONS BEFORE WE MOVE TO SENDING THIS FOR A PUBLIC HEARING? NO. SO GO AHEAD AND SCHEDULE THE PUBLIC HEARING. WHAT DATE? OH, I'M SORRY, DID YOU HAVE A QUESTION? NO. SHE'S GOOD. ALSO, JUST FOR FOR THE RECORD, THE BOARD IS COMFORTABLE. SO THERE OBVIOUSLY WAS A PREVIOUS SECRET DECLARATION FOR THIS PROJECT. THE BOARD DOES AGREE NOT NEEDING TO REOPEN SEEKER WITH THIS PROJECT. IT'S KIND OF A REDUCED FOOTPRINT AND ALL THE OTHER MODIFICATIONS. THIS IS MORE THE TEAM DETERMINE IT TO BE INSIGNIFICANT AND NOT NEEDING TO REOPEN. SEEKER. YEAH, YEAH. I DON'T THINK WE NEED TO REOPEN. I WANT TO MAKE SURE WE'RE IN AGREEMENT TO THAT. DO YOU WANT TO TABLE THIS TO JUNE 3RD OR TO JUNE 17TH? WHERE ARE WE ON THE THIRD? SEE? WE HAVE ONE, TWO, THREE. WE HAVE SIX ITEMS MINUS THIS ONE. THIS WOULD BE SIX. THIS WOULD BE THIS WOULD BE SEVEN SEVEN. THIS ONE IS A MINOR PUBLIC HEARING.

I MEAN, I CAN'T SPEAK FOR IF PEOPLE WILL COME OUT OR NOT. WELL, NOW YOU JUST JINXED IT.

WE'LL BE HERE TILL MIDNIGHT FOR SURE. OKAY. GO AHEAD AND THEN WE'LL CLOSE THE AGENDA FOR THE THIRD. OKAY? YEP. ALL RIGHT. SO WE'LL SEE YOU BACK HERE ON THE THIRD. AND HOPEFULLY YOU CAN FIND THE OWNER AND THE ARCHITECT AND WHOEVER ELSE NEEDS TO. OH WELL, THERE YOU GO.

ANTHONY. THE ARCHITECT. ALL RIGHT. THANK YOU. OKAY. OUR FINAL CASE FOR THIS EVENING IS

[4. Hamburg II East ESS, LLC and Hamburg II West ESS, LLC – Requesting Zoning Board Approval of a Use Variance and Planning Board Approval for a Change of Use and Site Plan Approval for a Tier 3 battery energy storage system (BESS) to be located on a 2.7-acre site at 6433 Railroad Avenue]

REQUESTING ZONE A, REQUESTING PLANNING BOARD APPROVAL FOR A CHANGE OF USE AND A SITE PLAN APPROVAL FOR A TIER THREE BATTERY ENERGY STORAGE SYSTEM TO BE LOCATED AT ON A 2.7 ACRE SITE AT 6433 RAILROAD AVENUE IN LAKEVIEW. THE APPLICANT I KNOW IS HERE ALONG WITH THE ATTORNEY.

YES. GOOD EVENING ONCE AGAIN, SEAN HOPKINS ON BEHALF OF THE APPLICANT. ALSO WITH ME IS ANDREW WELCH, THE DIRECTOR OF DEVELOPMENT, AND JEREMY KAUFMAN, THE PROJECT MANAGER. I'M GOING TO JUST SPEAK VERY BRIEFLY TO INTRODUCE THIS PROJECT. I DO WANT TO MAKE CLEAR THAT THIS IS OUR FIRST FORMAL PRESENTATION TO THIS BOARD. THIS THIS PROJECT WOULD REQUIRE A USE VARIANCE FROM THE ZONING BOARD OF APPEALS. SO WITH THE EXCEPTION OF POTENTIALLY SEEKING LEAD AGENCY STATUS PURSUANT TO SEEKER, WE'RE NOT ASKING YOU TO MAKE ANY OTHER FORMAL DETERMINATIONS. OH, I DO HAVE ONE QUICK THING TO ADD. SO OBVIOUSLY BEING THE TOWN PLANNER FOR THE TOWN OF HAMBURG, I ALSO WORK FOR THE COMPANY, WENDELL WENDELL. WE'RE VERY FAMILIAR WITH RC ENERGY. I WANTED TO STATE FOR THE RECORD THAT RC ENERGY DID APPROACH WENDELL ABOUT DOING SOME OF THE SITE PLAN DRAWINGS FOR THIS PROJECT. WE DECLINED TO DO SO BECAUSE OF THE CONFLICT OF INTEREST, BECAUSE I'M THE TOWN PLANNER FOR THE TOWN OF HAMBURG.

SO WHILE I DO KNOW OF RICK THROUGH MY OTHER WORK, WE ARE NOT INVOLVED WITH THIS PROJECT SPECIFICALLY OR ANY OF THE DRAWINGS ON THE PROJECT. SO I JUST WANTED TO STATE THAT THAT WENDELL DOES NOT HAVE ANYTHING TO DO WITH THIS SPECIFIC PROJECT. AND BASED ON THAT SAME

[01:10:02]

I'M GOING TO LEAVE THE TABLE. ARE YOU APPOINTING MILTON AS A ACTIVE PLANNING BOARD MEMBER? HE'S HERE. I'M SORRY. GO AHEAD. I WAS JUST ASKING IF YOU WERE APPOINTING MILTON AS AN ACTIVE.

THAT'S WHAT I WAS JUST. THAT'S WHAT I WAS JUST DOING. THANK YOU. YEAH, BUT WE HAD TO GET OUT OF THE ROOM FIRST. OKAY. SORRY ABOUT THAT. OKAY, THAT WAS THE 11TH HOUR, 6433 RAILROAD AVENUE. I ACTUALLY DIDN'T KNOW ANY PARTICULARS ABOUT THIS PARCEL UNTIL I BECAME AWARE OF THIS PROJECT. IT'S CURRENTLY OWNED BY DONALD SPLITTER, BUT WE HAVE ENTERED INTO AN AGREEMENT. WE'VE PROVIDED THAT WITH A COPY OF OUR VARIANCE APPLICATION. WHAT WE'RE PROPOSING HERE IS A TIER THREE BATTERY STORAGE PROJECT, WHICH IS AS DEFINED IN YOUR CODE. THE SITE ITSELF IS ZONED NEIGHBORHOOD COMMERCIAL. IT WAS PREVIOUSLY ZONED INDUSTRIAL UNTIL RECENTLY WHEN THE TOWN BOARD CHANGED THE ZONING CLASSIFICATION, HENCE THE NEED FOR A USE VARIANCE FROM THE ZONING BOARD OF APPEALS. IF YOU LOOK AT THE WIDE RANGE OF ALLOWABLE USES WITH THE ZONING DISTRICT, NONE OF THEM WOULD EVEN BE CLOSE TO FEASIBLE HERE GIVEN THE LACK OF FRONTAGE. OBVIOUSLY, GIVEN THE CLOSE PROXIMITY TO RAILROAD TRACKS, ETC. ETC. AND I WOULD FINALLY NOTE THAT WE ALREADY HAVE ENTERED INTO AGREEMENTS WITH NATIONAL GRID IN CONNECTION WITH THIS PROJECT. SO WITH THAT BEING SAID, BECAUSE IT'S THE FIRST, I BELIEVE, BATTERY STORAGE PROJECT PROPOSED IN THE TOWN OF HAMBURG, I'M GOING TO LET JEREMY AND MR. WELCH GO THROUGH THE PRESENTATION. AND IF YOU HAVE ANY QUESTIONS OR COMMENTS, WE CERTAINLY WILL ADDRESS THEM. SO WITH THAT BEING SAID. THANK YOU FOR THE INTRODUCTION, SEAN. SO AGAIN, I'M JEREMY, LET ME JUST SAY THIS TO THE AUDIENCE. IF YOU COULD KEEP THE NOISE DOWN WHILE WE'RE DOING THE PRESENTATION SO WE CAN ALL GET THE INFORMATION, WE WILL BE HAVING A PUBLIC HEARING PROBABLY AT THE NEXT MEETING. I DON'T KNOW WHEN IT'S GOING TO BE SCHEDULED. AND YOU'LL YOU WILL HAVE YOUR OPPORTUNITY TO SPEAK AT THAT TIME. BUT FOR TONIGHT, LET'S LET THE APPLICANT HAVE A SAY. THANK YOU. THANK YOU. SO I AM JEREMY KAUFMANN, A PROJECT MANAGER IN DEVELOPMENT AT RIC ENERGY. AND AGAIN, THIS IS ANDY WELCH, WHO IS OUR DIRECTOR OF DEVELOPMENT. SO WE'LL WE WE PUT TOGETHER THIS PRESENTATION TO JUST GO OVER THE HIGH LEVEL DETAILS OF THE PROJECT. BUT WE'LL START WITH WHO WE ARE. SO RIC ENERGY IS A RENEWABLE ENERGY DEVELOPER. WE ARE BASED IN NEW YORK STATE. WE FOCUS PRIMARILY ON COMMUNITY SOLAR AND BATTERY STORAGE PROJECTS THROUGHOUT THE STATE OF NEW YORK. AND WE'VE BEEN DEVELOPING PROJECTS FOR OVER 20 YEARS. SEAN TOUCHED A LITTLE BIT ON ON THE SITING. I GUESS YOU GO TO THE NEXT. SO THE CURRENT CONDITIONS OF THIS PARCEL. IT IS SITUATED IN BETWEEN TWO RAILROAD TRACKS ON BOTH SIDES. IN TERMS OF ANY OTHER DEVELOPMENT, YOU ARE VERY CONSTRAINED BY HOW NARROW THAT SPACE IS. IN BETWEEN THE TWO RAILROAD TRACKS. A HUGE PERK AND WHY WE BELIEVE THAT THIS IS VERY IDEALLY SITED DESPITE NOT BEING IN AN ALLOWED DISTRICT, IS THAT IS VERY DENSE SURROUNDING SCREENING ON ALL SIDES. SO IT WOULD BE VERY, VERY CHALLENGING FOR ANYONE OUTSIDE OF THE PARCEL TO SEE THE BATTERY STORAGE PROJECT. AND IT IS ON MOSTLY MOSTLY FLAT TOPOGRAPHY. AND THE PARCELS ROUGHLY 2.6 ACRES. SO SO COLLECTIVELY WE'RE SAYING THIS IS ONE PROJECT. IT'S COMPRISED OF TWO CO-LOCATED FIVE MEGAWATT BATTERY BATTERY STORAGE PROJECTS. WE DO USE THE TESLA MEGA PACK TWO EXCEL, WHICH HAS A BENEFIT OF 24 HOUR REMOTE MONITORING SO WE CAN CATCH ANY POTENTIAL ISSUES BEFORE THEY BECOME SERIOUS AND ADDRESS THEM IMMEDIATELY. MORE OFTEN THAN NOT JUST REMOTELY, BUT WE CAN GET STAFF ON THERE VERY QUICKLY IF NEEDED. THE THE PROJECT AREA, WHAT'S LISTED HERE IS WITHIN THE FENCE LINE. SO AS IT SAYS THERE, ROUGHLY 14,000FT■S OR 0.32 ACRES, INCLUDING THE ACCESS ROAD, THAT BRINGS IT UP TO ROUGHLY 0.6 ACRES IN TOTAL, AND THE OVERHEAD POLES CONNECTING TO THE EXISTING DISTRIBUTION LINE. SO AGAIN, WE THERE THERE IS NO NEED FOR THE UTILITY TO ADD ADDITIONAL INFRASTRUCTURE FOR THIS PROJECT.

WE HAVE OUR POINT OF INTERCONNECTION RIGHT AT THE EDGE OF THE PARCEL THERE. SO AGAIN, CONNECTING CONNECTING TO THESE EXISTING LINES, ONE OF THE KEY PERKS OF THESE BATTERY STORAGE PROJECTS FOR THE LOCAL COMMUNITY IS THAT IT SERVES TO STABILIZE THE GRID. SO

[01:15:06]

YEAH. THANKS, JEREMY. AGAIN. ANDY WELCH, DIRECTOR OF DEVELOPMENT FOR RICK ENERGY.

BRIEF DISCUSSION OF THE TECHNOLOGY. WE TALK ABOUT THE TESLA MEGA PACK TWO EXCEL. KEY TO THIS IS THE BATTERY CHEMISTRY IRON PHOSPHATE BATTERY LFP. AS IT'S KNOWN, THE NEWEST, MUCH LESS VOLATILE THAN EARLIER CLASSES OF OF CHEMISTRY THAT WAS USED FOR BATTERIES.

VERY GOOD SAFETY RECORD AND WELL TESTED OUT. AS WE MENTIONED THAT THIS IS A 24 HOUR REMOTE MONITORING AS WELL AS WE WOULD PUT ADDITIONAL THERMAL IMAGING CAMERA CAMERAS ON IT. AND THE IDEA IS TO BE ABLE TO DELIVER BASICALLY OVER FOUR HOURS A DAY. THE POWER OUT OF THIS WHILE OVERNIGHT CHARGING THE BATTERY. A BRIEF IDEA OF WHAT IT IS. THESE ARE CABINETS THAT ARE ABOUT 8 OR 9FT TALL, SIX FEET WIDE, 30FT LONG. IT'S IMPORTANT TO NOTE THAT THAT ISN'T A GIANT BATTERY, BUT IT IS MADE UP OF. IT'S A LOT OF CELLS. YOU SEE THE THE BLUE. THE DARK BLUE CELL INDICATED ON THERE, YOU KNOW, THAT'S ABOUT SIX INCHES BY SIX AND A HALF BY TWO INCHES THICK. SO WHAT WE DO IS WE TAKE A LOT OF THOSE CELLS. WE PUT THEM INTO TRAYS, THE TRAYS GO INTO MODULES AND THE MODULES SLIDE IN. AND THEN THERE'S 24 MODULES IN EACH OF THE CABINETS. THIS KEEPS A LEVEL OF ISOLATION ON ALL OF THIS. AND IT ALSO ALLOWS THAT THE THE TOP OF THE CABINET INCLUDES COOLING EQUIPMENT SO THAT IT KEEPS HELPS KEEP EVERYTHING COOL. THE CENTER OF THE CABINET IS A BATTERY MANAGEMENT SYSTEM. THIS IS THE KEY GUTS THAT EVERY SINGLE CELL IS MONITORED AT ALL TIME, LOOKING FOR ANY ABNORMALITIES OF ITS BEHAVIOR. IF SOMETHING IS CHARGING WRONG OR HEATING UP, IT CAN BE SHUT DOWN IMMEDIATELY SO AS TO NOT CAUSE ANY PROBLEMS. THE THE BASIC CONCEPT HERE OF HOW THIS OPERATES, AS WE'VE SAID BEFORE, WE CHARGE AT NIGHT WHEN THE POWER WHEN THERE'S MORE POWER AVAILABLE, PARTICULARLY IN AN AREA LIKE NEW YORK THAT HAS A LOT OF NUCLEAR POWER, NUCLEAR POWER PLANTS DON'T LIKE TO TURN DOWN. SO WHEN THE LOAD DROPS OVERNIGHT, WE ALLOW THAT TO KEEP GOING. WE TAKE THAT CHEAPER POWER. AND THEN DURING THE PEAK OF THE DAY, USUALLY THE, YOU KNOW, LIKE 2 TO 6 OR 2 TO 8, SOMETIME IN THERE, USUALLY MAYBE 4 TO 4 TO 8 P.M.

EVERY DAY. THIS WOULD DISCHARGE AND PROVIDE THAT ENERGY SO THAT PEAKING PLANTS DON'T NEED TO BE TURNED ON SO THAT WE CAN GET THE ENERGY WITHIN THIS LOCAL DISTRIBUTION GRID WITHOUT NEEDING TO BUILD ADDITIONAL SUBSTATIONS AND ADDITIONAL LINES TO DO THAT, BECAUSE WE KNOW THAT NOT ONLY IS THE COST OF POWER AN ISSUE, BUT WE DO HAVE INCREASED GROWTH GOING ON IN ALL OF OUR COMMUNITIES. JUST A REMINDER, THESE ARE LITHIUM ION BATTERIES. THEY THEY OFTEN TREATED AS SCARY. BUT WE REALIZE THAT LITHIUM ION BATTERIES ARE PART OF OUR EVERYDAY LIFE. WE WE DON'T, YOU KNOW, IF WE AREN'T, YOU KNOW, WE WE USE THEM IN CHILDREN'S TOYS. I CARRY ONE OF THEM IN MY POCKET. IF I THOUGHT IT WAS THAT DANGEROUS. AND I THINK MANY OF YOU DO, WE PROBABLY WOULDN'T DO THAT. BUT WE GO FURTHER. SO WE SAY, OKAY, WE'RE NOT JUST GOING TO ACCEPT THAT THESE THINGS ARE SAFE AND THAT THESE LFP BATTERIES HAVE A GREAT RECORD FOR STABILITY AND THE LIKE. WE ACTUALLY HAVE TO DESIGN THE STATE OF NEW YORK HAD PUT TOGETHER. GOVERNOR HOCHUL PUT TOGETHER A TASK FORCE TO LOOK AT BATTERY AND ENERGY STORAGE. THEY CAME UP WITH SOME SAFETY RECOMMENDATIONS AS OF JANUARY 1ST OF THIS YEAR, GOING BACK, A NEW YORK IMPLEMENTED THE MOST STRICT FIRE CODE OF ANYWHERE, CERTAINLY IN THE COUNTRY, PROBABLY IN THE WORLD THAT. IN ADDITION, WE DO ALSO HAVE THE FEDERAL. THE 855 STANDARDS. THEY LAY OUT EVERYTHING WE MUST DO. THERE'S PEER REVIEW OF THESE PROJECTS BY THE STATE THAT LOOKS AT ALL OF OUR ENGINEERING TO MAKE SURE

[01:20:01]

SO IT'S FAIRLY SIMPLE OF WHAT TO DO. I MENTIONED BEFORE HOW IT'S BUILT. YOU LOOK AT EACH OF THESE CONTAINMENT ARE MADE SO THAT TO TRY TO DISCOURAGE ANY TRANSFER OF, YOU KNOW, IF THERE WERE A THERMAL RUNAWAY, AS WE CALL IT, EVENT, WHICH IS AN OVERHEATING OF A BATTERY THAT WOULD CAUSE IT TO, YOU KNOW, THEN CAUSE FIRE IS ISOLATED. AND, YOU KNOW, A NOTE THAT ALSO THAT THESE ENCLOSURES ARE CANNOT BE ENTERED BY, THERE'S NO SPACE FOR A HUMAN TO ENTER IT. SO THEY'RE ALL JUST MAINTAINED FROM BY OPENING THE DOORS ON THE OUTSIDE. THESE CABINETS ARE THAT THE TESLA HAS ARE WHAT'S CALLED NEMA FOUR, WHICH MEANS THAT THEY CAN SPRAY WATER JETS AT THEM AND WATER DOESN'T GET LEAKED THROUGH, OBVIOUSLY, WHEN THE DOORS ARE CLOSED. SO THESE ARE VERY WELL THOUGHT OUT. WE ALSO HAVE OVERPRESSURE VENTS IN THE IN THE TOP OF THEM. IT ALSO IS INTERESTING TO NOTE THAT JUST TO MAKE SURE. ONE OTHER SAFETY FEATURE THAT THEY ADD ON THESE IS THAT THEY HAVE WHAT WE CALL WHAT ARE CALLED SPARKERS, WHICH ARE BASICALLY JUST IT. IT'S TWO ELECTRODES THAT SEND A SPARK ACROSS THEM SO THAT IT PREVENTS THE POSSIBILITY OF THE BUILD UP OF ANY KIND OF, YOU KNOW, LOWER LIMITS OF GASES OF DANGER. SO THAT IS ANOTHER FEATURE. AND THEY ACTUALLY POWER THOSE FROM THREE DIFFERENT SOURCES, BOTH THE BATTERIES, THE OUTSIDE POWER AND A AND A DEDICATED BATTERY FOR IT ITSELF. SO IT'S, IT'S TERTIARY LEVEL OF PROTECTION FOR THESE STRUCTURES THAT THEY ACTUALLY START WHEN THEY BEGIN SHIPPING THEM WITH THE, THE, AT LEAST THE INITIAL BATTERY LOOK. SO WE'VE MENTIONED HERE BEFORE, A LOT OF THESE THINGS, THE BATTERY MANAGEMENT SYSTEM IS, IS CRITICAL SEES WHAT'S GOING ON ON THESE. WE CONTAIN THEM REALLY THE, THE THERE'S BASICALLY THREE CONDITIONS THAT A BATTERY CAN THAT WILL CAUSE A BATTERY TO GO INTO THERMAL RUNAWAY ONE IS DAMAGE. AND WHEN WE PUT THESE IN A CABINET INSIDE A FENCED AREA, SITTING STILL WITH NOTHING, THERE'S THERE'S VERY LITTLE DANGER OF THAT HAPPENING. A SECOND IS OVERCHARGING. WE TALK ABOUT THE BATTERY MANAGEMENT SYSTEM PREVENTS THAT FROM HAPPENING.

AND IT'S VERY SOPHISTICATED SO AS TO MAKE SURE THAT WE DON'T HAVE ANY INCIDENTS OF OVERCHARGING AND HEATING DURING THAT CHARGE PERIOD. AND THEN THE THIRD WOULD WOULD BE IS THE POSSIBILITY OF MANUFACTURING DEFECTS. THAT'S THE REASON WE CALL OUT USING THE TESLA. TESLA HAS THE HIGHEST LEVEL OF INDUSTRY STANDARDS ON QUALITY CONTROL ON THESE BATTERIES. AND SO THERE ARE VERY MUCH WE WE HAVE A LOT OF CONFIDENCE IN THEM. AND THAT'S WHY WE'VE CHOSEN THEM. WE TALKED ABOUT THE WE HAVE THE MONITORING OF THE SITE. WE HAVE THE FENCES AROUND IT. THESE THESE BATTERY SYSTEMS WORK UNMANNED. AND SO THAT THERE WILL NOT BE ANYONE THERE. YOU KNOW, IT'S MAINTENANCE ACTIVITIES WILL COME IN, YOU KNOW, PERIODICALLY.

AND THAT COULD BE, YOU KNOW, ONCE A YEAR, MAYBE SLIGHTLY MORE FREQUENTLY. SO EVERYTHING CAN GO JUST THESE JUST WORK. THEY'RE, THEY'RE QUIET, YOU KNOW, WE CAN, YOU KNOW, SHOW THE NOISE IMPACTS ARE MINIMAL. AND BECAUSE THEY'RE, YOU KNOW, BASICALLY NOT SEEN, NOT HEARD.

AND VERY LITTLE HAPPENS THAT IS OF ANY NOTE. THEY TEND TO GO UNNOTICED. AND, AND THE TESLA HAD OBVIOUSLY HAS WORKED WITH THE FDNY TO BE APPROVED BY THOSE STANDARDS. AND, YOU KNOW, I THINK RIGHT NOW IT'S IN THE PROCESS OF RENEWING ITS NEW YORK STATE APPROVALS. JUST AN IDEA. AND AGAIN, I'M TALKING SAFETY A LOT BECAUSE I KNOW THAT'S WHAT PEOPLE'S CONCERNS ARE ON THAT. I MEAN, I GOT ACCESS TO THE INTERNET AS WELL AND SEE ALL THE THE RUMORS AND ALL THAT COME OUT ABOUT THESE, YOU KNOW, LOOK, THAT THAT GRAPH ON THE RIGHT SHOWS THAT AS MORE

[01:25:03]

THEY HAVE A HARD TIME GETTING THE IRON PHOSPHATE TO ACTUALLY INITIATE A THERMAL RUNAWAY. AND THEN WHEN IT DOES, WE TALKED ABOUT, YOU KNOW, THIS TRAY FULL OF OF ALL THESE CELLS, THEY GET THE ONE CELL TO GO. IT DOESN'T CAUSE THE NEXT ONE TO GO UP. AND THEN SO, AND WE CAN PROVIDE THAT, THAT LITERATURE THAT UL 9540 A TESTING THAT THEY DO, THEY DESCRIBE ALL THIS, THAT THEY THEN THEY, THEY HAD LIKE SIX OF THEM THEY PUT UP AND ONLY A SEVENTH ONE WENT IN ORDER TO GET THE WHOLE, YOU KNOW, HALF OF THE CABINET TO, TO KIND OF GO, THEY HAD TO, YOU KNOW, PUT LIKE A WHOLE MODULE INTENTIONALLY LIT ON FIRE TO GET THAT. AND EVEN THEN THEY SHOWED THAT THE HEAT GENERATED BY ONE OF THOSE, IF YOU HAD A SECOND CABINET SITTING NINE INCHES AWAY, IT WAS NOT ENOUGH HEAT TRANSFERRED IN ORDER TO CAUSE ANYTHING OUTSIDE ANY, ANY INITIATION IN THAT SECOND CABINET. AND THE HISTORY OF THESE PROJECTS REALLY IS THAT WHENEVER THESE RARE EVENTS HAVE HAPPENED, THERE'S NOT BEEN ANY EXAMPLES OF ANY OF THEM THAT HAVE GONE OUTSIDE OF THEIR CABINETS, OUTSIDE OF THE CONTAINMENT AREA. IT'S ALL WITHIN, AND IT'S JUST BEEN BEST TO JUST LET THEM BURN THEMSELVES OUT. AND THEN I JUST, YOU KNOW, WE SPECIFICALLY TALK ABOUT THE TESLA MEGA PACK TWO XL. WE KNOW THAT THERE'S OVER 20,000 OF THOSE HAVE BEEN DELIVERED AND DEPLOYED IN THE UNITED STATES. IT'S PROBABLY AT THIS POINT CLOSER TO 25,000. I BELIEVE THERE'S ANOTHER 10 TO 15 INTERNATIONALLY, 10 TO 15,000. THERE ARE ZERO RECORDS OF ANY THERMAL RUNAWAY INCIDENTS WITH TESLA MEGA PACK TWO XL'S. OKAY. SO WE WE TALK ABOUT THE AND I GUESS WE'VE TOUCHED ON A LOT OF THESE. I MEAN, JUST AN IDEA OF, YOU KNOW, ONE, ONE OF THESE UNITS WE'RE TALKING ABOUT TWO OF THESE. SO ONE OF THESE HAS A SMALL FOOTPRINT. WE TALK ABOUT THE. IT'S THE FENCE LINE IS ESSENTIALLY AKIN TO ONE OF A TENNIS COURT. SO I GUESS IN THIS CASE WOULD BE A DOUBLES COURT OR TWO, TWO SINGLES COURTS SIDE BY SIDE, MORE MORE LIKELY. SO IT'S IT'S SEVEN, ABOUT A LITTLE BETWEEN 7 AND 8000FT■!S FOR EACH OF THESE FENCED IN AREAS. WE CAN, YOU KNOW, AND IT SO IT PROVIDES A LOT OF BENEFITS. IT ALSO CAN PROVIDE TAX REVENUES TO THE TOWN. OFTEN WE ENTER INTO COMMUNITY AGREEMENTS, HOST COMMUNITY AGREEMENTS FOR THE TOWN FOR OTHER BENEFITS THAT CAN COME FROM THAT ALL AT THE SAME TIME OF REALLY NOT NOT REQUIRING ANY, YOU KNOW, BURDEN OF SERVICES ON THE TOWN. I SAID, THERE'S NO, THERE'S NO PERMANENT EMPLOYEE. SO THERE'S NO SCHOOLING, THERE'S NO REAL POLICE PRESENCE REQUIRED. AND VERY RARELY WOULD THERE BE A FIRE DEPARTMENT RESPONSE. WE TRAIN THEM OUT. AND LIKE I SAID, FOR THE FOR THE MOST PART, YOU KNOW, THE THE FIRE CODE SAYS THAT, YOU KNOW, THEY MONITOR IT WHILE WE GET A PERSON WHO HAS TO BE WITHIN A. I THINK IT'S LESS THAN FOUR HOURS TO BE ON SITE AND TO RELIEVE THE FIRE DEPARTMENT, SEND THEM HOME. AND WE ACTUALLY THERE A DIFFERENT MANUFACTURER WHO HAD PROBLEMS WITH THEIR SITE IN WARWICK, NEW YORK. THAT'S EXACTLY WHAT HAPPENED. THE FIRE DEPARTMENT DIDN'T EVEN SEND A TRUCK OUT THERE. THEY SENT THE CHIEF'S CAR. HE WATCHED WHILE THEY TALKED TO A GUY. THE GUY SHOWED UP A COUPLE HOURS LATER. THE EXPERT SENT THE CHIEF HOME AND HE WATCHED IT AS OVER THE NEXT, I THINK IT WAS FOUR HOURS, BURNED ITSELF OUT. NO WATER APPLIED, CONSTANT AIR QUALITY MONITORING. NO. NO IMPACTS ON THE COMMUNITY. YOU KNOW, WE SAY LIKE ANY FIRE SITUATION, IT HAS CO AND CO2 AND SOME HYDROGEN UPTAKE. YOU WOULDN'T WANT TO BE RIGHT NEXT TO IT. I MEAN, LITERALLY WITHIN THE FENCE LINE.

3040FT AWAY IS PROBABLY SAFE FROM AN ERROR BASIS. WE SEND NICE SAFE, WE SAY, HEY, FIRE DEPARTMENT, YOU SET UP 100FT AWAY, NO PPE EQUIPMENT NEEDED. AND IT'S LIKE I SAID, IT'S JUST

[01:30:02]

IF YOU HAVE THE TIME TO LOOK AT THAT, YOU'LL SEE AFTER DOING THAT COMPREHENSIVE ANALYSIS, LIMITED ON WHETHER THE SITE IS ZONED, WHETHER IT'S AVAILABLE AND WHETHER IT HAS ADDITIONAL ENVIRONMENTAL CONSTRAINTS, THIS REALLY ACTUALLY DOES BECOME THE IDEAL SITE IN THE TOWN OF HAMBURG, AND THAT ANALYSIS IS OFTEN PROVIDED. OKAY. THANK YOU. PLANNING DEPARTMENT. SO WHAT I'LL ADD IS I SAID THE SOLAR PROJECT THAT WAS BEFORE US WAS UNIQUE. THIS IS ANOTHER UNIQUE ONE FOR THE TOWN OF HAMBURG. THERE IS A BATTERY ENERGY STORAGE PROJECT THAT IS IN THE VILLAGE OF BLASDELL. IT WASN'T DONE BY THIS COMPANY, BUT THERE IS ONE LOCALLY UP IN THE VILLAGE I'VE SEEN DIFFERENT THAN THE TOWN. THIS ONE IS GOING TO BE A UNIQUE ONE WHERE THEY'RE OBVIOUSLY REQUESTING A USE VARIANCE FROM THE ZONING BOARD, BUT THE REASON WHY THEY'RE BEFORE YOU AND BEFORE THEY EVEN GO TO THE ZONING BOARD, YOU GUYS WILL BE THE A ST DECISION BECAUSE THE AFTER THE USE OF HOUSTON ULTIMATE SITE PLAN APPROVAL. AND IN OUR TOWN CODE, IF YOU HAVE A APPLE, YOU HAVE A DECISION BETWEEN THE ZONING BOARD AND THE PLANNING BOARD. THE PLANNING BOARD TAKES THE LEAD AGENCY AND REVIEW OF THIS. THIS PROJECT. MY RECOMMENDATION TO THE BOARD WOULD CERTAINLY TO DO A COORDINATED REVIEW. NOW OBVIOUSLY IN THIS CASE, IT'S NOT ON A STATE ROAD. IT'S NOT ON A COUNTY ROAD. YOU KNOW, THERE AREN'T AS MANY AGENCIES. I CERTAINLY WOULD WANT TO HEAR DCS COMMENTS ON IT. IF AVAILABLE. I'D WANT TO HEAR THE OWNERS OF THE RAILROADS COMMENTS ON THE PROJECT. THIS BOARD OBVIOUSLY CAN CERTAINLY SEND IT TO, YOU KNOW, ANY OTHER AGENCIES YOU DEEM APPROPRIATE, BUT I CERTAINLY WOULD WANT TO DO THAT. I'D MAKE A REQUEST OF THE APPLICANT IF THEY CAN SUBMIT A FULL ENVIRONMENTAL ASSESSMENT FORM. I KNOW YOU SUBMITTED A SHORT FORM, BUT YOU KNOW, I I'M A LITTLE BIT MORE CONSERVATIVE THAN OTHER PLANNER. SO I WOULD JUST SUGGEST THAT THE BOARD MAY REQUEST A FULL FORM AS YOU GUYS ARE RESPONSIBLE FOR DOING SEEKER.

AND THEN I OBVIOUSLY PROVIDED YOU GUYS IN THE MEMO SOME OF THAT FIRE SAFETY DOCUMENTATION THAT ANDREW WAS TALKING ABOUT THAT, YOU KNOW, I THINK THE BOARD SHOULD BE AWARE OF. AND THEN OTHER THAN THAT, YOU KNOW, BEFORE THEY GET A DECISION FROM THE ZONING BOARD, THEY OBVIOUSLY THIS BOARD WILL HAVE TO MAKE A SECRET DECISION. THE OTHER PIECE THAT I THINK IS IMPORTANT TO NOTE IS THAT SHOULD THIS BOARD GRANT THIS PROJECT A NEGATIVE DECLARATION AND IT GOES TO THE ZONING BOARD FOR USE VARIANCE SHOULD A USE VARIANCE, WHETHER IT'S UTILITY OR REGULAR USE VARIANCE, I WON'T EVEN GET INTO THAT BUT SHOULD HAVE USED VARIANCE. GET APPROVED BY THE ZONING BOARD. TYPICALLY UNDER OUR BATTERY ENERGY STORAGE LAW IN THE TOWN, PROJECTS REQUIRE SPECIAL USE PERMIT. SHOULD THAT USE VARIANCE BE APPROVED BY THE ZONING BOARD? IT DOESN'T THEN COME BACK TO US FOR OUR SPECIAL USE PERMIT. SO IF THE ZONING BOARD DOES APPLY CONDITIONS OR IF THEY DON'T, IF THAT VARIANCE GETS APPROVED, IT COMES BACK TO YOU GUYS FOR THAT CHANGE OF USE AND FOR SITE PLAN APPROVAL. SO I KNOW I'VE ALSO PROVIDED THE BOARD A COPY OF OUR BATTERY ENERGY STORAGE LAW. HOPEFULLY YOU'VE HAD A CHANCE TO REVIEW IT. LIKE I SAID, THIS IS THE FIRST BATTERY PROJECT THAT'S BEFORE THE TOWN. SO THIS IS GOING TO BE NEW FOR EVERYBODY. BUT THAT'S KIND OF THE PARAMETERS OF WHERE WE'RE SETTING, WHETHER BEFORE THE BOARD, AT THE PLANNING BOARD AND KIND OF SETTING THE GUIDELINES OF WHAT YOUR REVIEW IS GOING TO BE. SO I'LL TAKE ANY QUESTIONS AS WELL. IF THE BOARD HAS ANY FURTHER QUESTIONS. I DON'T THINK THE BOARD HAS ANY QUESTIONS. JUST GO AHEAD.

MEMBER. RILEY. MEMBER. RYAN. OKAY. HI. I DON'T KNOW IF I MISSED HER OR NOT. WOULD YOU PROVIDE A HMA THE HAZARD MITIGATION ANALYSIS? YEAH. OKAY. YES. IT WOULD BE OUR INTENT TO DO THAT AS PART OF THE SITE PLAN APPROVAL. OKAY. AND DO YOU WORK WITH FIRE PROTECTION ENGINEER ON ALL THIS? YEAH, WE WE TYPICALLY USE A FIRM BY THE NAME OF ESRG. OKAY. AND THEY ARE REALLY THE LEADERS IN THAT, THAT FIELD. AND YOU SAID ONCE THE FIRE STARTS, IT'S FOUR HOURS TO BURN OUT. IS THAT FOUR HOURS PER CELL OR FOUR HOURS IF A BUNCH GO UP IN FLAMES, HOW DOES HOW LONG COULD YOU EXPECT A FIRE TO LAST? BECAUSE I KNOW THE FIRE COMPANY. THERE'S NOTHING THEY CAN DO TO PUT IT OUT. IT HAS TO BURN OUT. RIGHT. SO SO THE, THE EXPERIENCE, THE MOST RECENT ONE, I THINK IT WAS FOUR HOURS AFTER THE TWO HOURS. SO I THINK IN WARWICK WAS A SIX HOUR TOTAL BEFORE IT WENT DOWN. THE LFP DOES NOT PROPAGATE EASILY. SO IT'S EITHER WHAT INITIALLY GOES UP WOULD BE. AND THEN ALL THAT YOU WOULD EXPECT ALL FROM A CHEMISTRY STANDPOINT, ALL THOSE CELLS WOULD COINCIDENTALLY USE UP ALL THEIR FUEL AND GO OUT AT THE SAME TIME. I GUESS ONE THING IF I, IF I COULD ADD TO THAT, I MEAN, I KNOW THERE'S, I DIDN'T EXPLAIN BEFORE THE CONCERN A LOT OF PEOPLE HAVE WHEN THEY HEAR WHAT, GEE, YOU CAN'T PUT

[01:35:04]

AND, YOU KNOW, SO THE ONLY WAY YOU COULD GET WATER ONTO THEM WOULD BE TO GO OPEN THE DOORS AND PULL THE TRAYS OUT, WHICH WOULD ACTUALLY BE PUTTING PERSONNEL FROM THE HEAT IN MORE DANGER THAN YOU WOULD BE TO JUST STAND BACK AND LET THE CELLS EXHAUST THEIR FUEL. THANK YOU. ANYONE ELSE? RESTORED? I GOT A QUESTION. WHAT'S THE LIFESPAN OF THE BATTERY PACKS AND WHAT HAPPENS TO THE BATTERIES AFTER THEIR LIFE USE? OKAY. YEAH. SO IT'S WE BELIEVE IT'S 20 YEARS FOR FOR THE BATTERY PACK, WHAT THEY'RE CALLING AT THIS POINT, THERE IS A CHANCE THAT THEY COULD LAST LONGER. WE'RE EARLY ENOUGH IN THE LIFETIME OF THAT TECHNOLOGY THAT NONE OF THEM HAVE REALLY GOTTEN TO THE END OF THEIR USEFUL LIFE AT THIS POINT.

WHAT'S DONE AT THE END IS FULL DECOMMISSIONING PLAN. THE WHAT IS IS ACTUALLY HAPPENS IS THE CABINETS THEMSELVES ARE REMOVED IN WHOLE WITH THE BATTERIES STILL IN THEM TAKEN OFF AND TAKEN BACK TO TO TESLA, WHO THEN RECYCLES ALL OF THE THE COMPONENTS DISPOSES OF LIKE AT THERE AT THE FACILITY THEY DESIGNATE TO DO THAT. SO THERE WOULD BE THE BATTERIES WOULD COME SHIPPED INSIDE THE CABINET AND PLACED AT THE INITIAL PART, AND THEN WOULD LEAVE INSIDE THE CABINET, SHIPPED BACK TO TESLA. AND THEN AND THEN WE WOULD, WE WOULD CONTINUE DECOMMISSIONING OF BASICALLY DIGGING UP THE AND THE CONCRETE FOUNDATIONS AND RESTORING THE LAND. AND TO PIGGYBACK OFF OF THAT, MR. STEWART, SHOULD THE PROJECT BE NOT BE IN OPERATION FOR MORE THAN A YEAR, SIMILAR TO OUR SOLAR PROJECT OR IN OUR SOLAR LAW UNDER OUR BATTERY ENERGY STORAGE LAW, THE. THE TOWN DOES HAVE THE RIGHT. IF YOU KNOW, THE APPLICANT DOESN'T, YOU KNOW, ENACT THE DECOMMISSIONING PLAN TO USE THE BOND THAT'LL BE ON FILE TO THEN REMOVE THE REMOVE THE INFRASTRUCTURE THEMSELVES IN ACCORDANCE WITH THE DECOMMISSIONING PLAN, THE BOND, SO ON AND SO FORTH. SO VERY SIMILAR TO IN OUR SOLAR LAW, IF IT'S NOT IN OPERATION FOR MORE THAN A YEAR AND IT LAPSES, WELL, THEN THERE'S GOING TO BE PROVISIONS SHOULD THAT SHOULD THAT TAKE PLACE. OKAY. AND THAT IS ALL SPECIFIED IN THE CODE. GREAT DETAIL. OKAY. THANK YOU.

ANYONE ELSE NOT TO PUT YOU ON THE SPOT, BUT CAMMIE, DID YOU WANT TO KIND OF SPEAK TO THE I THINK FOR THIS PROJECT, THE DRIVEWAY ACCESS FROM THE FROM THE PROPERTY ITSELF. SURE.

ACTUALLY, IF YOU WANT TO FLIP BACK IN THEIR PRESENTATION, I THINK THE LOT LINES ARE ON ONE OF THE SLIDES IN THE BEGINNING. KEEP ONLY ONE MORE. OKAY, SO JUST FOR CLARIFICATION TO THE BOARD. SO THE YOU CAN SEE THE PROPERTY. YOU MIGHT THINK THE PROPERTY DOESN'T HAVE ROAD FRONTAGE, BUT THAT SORT OF LONG SKINNY LINE THAT IS NEXT TO THIS PROPERTY AND ITS NEIGHBOR IS ACTUALLY PUBLIC RIGHT OF WAY. SO ALTHOUGH THERE WAS NEVER A ROAD CONSTRUCTED, THAT. IS TOWN PUBLIC RIGHT OF WAY. SO CURRENTLY THE EXISTING DRIVEWAY THAT IS SHARED IS SORT OF ZIG ZAGS THROUGHOUT THE PUBLIC RIGHT OF WAY TO SERVICE BOTH THE BUILDING IN THE FRONT AND THE BUILDING THAT IS ON THIS PROPERTY. SO WHEN YOU FLIP TO THEIR SITE, YOU CAN KIND OF SEE THAT THEY'RE GOING TO REDO THAT DRIVEWAY TO BRING IT UP TO, TO, TO THE NEW PROJECT. SO THIS WOULD BE WITHIN A PUBLIC RIGHT OF WAY. SO IT'S JUST FOR A CONSIDERATION ON THIS IS THAT THEY WOULD WE WOULD BE ALLOWING A PRIVATE DRIVEWAY TO GO TO BE UPGRADED AND CONTINUE USE IN A PUBLIC RIGHT OF WAY. NOW AGAIN, THERE IS AN EXISTING DRIVEWAY. SO I COULD SEE WHY THAT WOULD WOULD BE PERMITTED. WE MIGHT HAVE SOME REQUIREMENTS WHICH WE CAN AS THE TOWN FOR BUILDING AND OUR RIGHT OF WAY. CERTAINLY WE WOULD WANT TO SEE AN ACCESS AGREEMENT WITH THE ADJACENT PROPERTY BECAUSE IT IS A SHARED DRIVEWAY. I MAY HAVE A FEW ENGINEERING REQUIREMENTS ONCE WE GET TO MORE DETAILED SITE PLAN, BUT I JUST WANTED THE BOARD TO. UNDERSTAND WHAT THE

[01:40:07]

EXPERT, JOHN MACON. HE WAS SUPPOSED TO BE HERE TONIGHT, AND HE IS HERE. WHERE IS HE? WELL, COME ON DOWN, SIR. WELL, YOU WON'T HAVE TO WRITE TO JOHN NOW. NO. CAN I HANG ON? I JUST KNOW, LET ME LET ME GET IT ALL OUT AND THEN YOU CAN ADDRESS IT. CAN YOU COME ON UP TO THE MIC.

DO WOULD YOU MIND? JOHN IS A MEMBER OF THE FIRE DEPARTMENT HERE, AND I WILL LET HIM INTRODUCE HIMSELF AND WHAT HIS TIME LEADER OF THE SOUTH TOWNS HAZMAT TEAM. OKAY, YOU'RE GOING TO HAVE TO TALK UP A LITTLE LOUDER SO THEY CAN PICK YOU UP ON THE MIC, PLEASE. IS THIS BETTER? YOU MIGHT WANT TO PICK UP THE MIC, ACTUALLY, YEAH, WE'LL TRY THIS. THAT'S MUCH BETTER. ALL RIGHT. WHAT YOU HAVE TO SAY IS VERY IMPORTANT. SO WE WANT TO HEAR IT. WELL I, I HONESTLY CAME JUST TO ANSWER QUESTIONS. OKAY. WELL I GOT QUESTIONS FOR YOU MIGHT HAVE.

SO. OKAY. SO YOU ARE FAMILIAR WITH THE FIRE HAZARDS IN THE STATE OF NEW YORK. YOU AND I

[01:45:03]

WE USE A LOT OF DIFFERENT ALTERNATIVE EXTINGUISHING AGENTS FOR VARIOUS THINGS, NOT JUST LITHIUM ION BATTERIES, BUT WATER HAS PROVEN NOT TO BE GREAT AS AN EXTINGUISHING AGENT.

SO IN THESE OTHER EXAMPLES THAT YOU AND I REFERENCED, ALTHOUGH WE DON'T, YOU KNOW, I'M NOT GOING TO HOLD YOU TO IT, BUT TO GIVE THE BOARD AN IDEA OF WHAT WE'RE TALKING ABOUT, WHAT DOES THE FIRE DEPARTMENT HAVE TO DO IN ORDER TO MEET THE STANDARDS? BECAUSE THERE'S NEW STANDARDS, ARE THERE NOT? HE MENTIONED IN JANUARY THE NEW NEW YORK STATE, THE NEW FIRE CODE, THE NEW FIRE CODE. I CANNOT SPEAK TO THE FIRE CODE. I'M NOT AN EXPERT ON THAT. WE HAVE PEOPLE THAT WE CALL WHEN WE HAVE QUESTIONS ON FIRE CODE. JOSH. MAYBE THAT'S WHO WHAT WE MAY WANT TO CALL IS ON THE FIRE CODE. SO ON THE NEW STATE FIRE CODE, BECAUSE THAT WAS JUST CHANGED BECAUSE OF WHAT HAPPENED WITH SOME OF THESE OLDER FIRES. THAT WAS WHAT I UNDERSTOOD. YEAH, THEY PLAYED INTO IT, BUT I'M SURE THERE'S THIS HAS BEEN AN ONGOING THING THAT THEY'VE BEEN DISCUSSING FOR A COUPLE YEARS. AND, AND SO HAVE YOU. NOW, YOU TALKED ABOUT BLAISDELL. I UNDERSTAND THAT YOU WERE PART OF BLAISDELL OR HAD AN INPUT TO BLAISDELL, IF I'M. PARDON, IF I'M NOT USING THE RIGHT. NO. NO INPUT, NO INPUT. I WAS I WAS THERE WHEN THEY RAN THE FIRE DEPARTMENT THROUGH THEIR TRAINING. OKAY. SO I'M A LITTLE BIT FAMILIAR WITH, WITH THAT FACILITY. AND THAT FACILITY REQUIRES. SO BECAUSE THAT BLAISDELL HAS A DIFFERENT FACILITY OR HAS THAT FACILITY IN THEIR AREA, IS THERE DIFFERENT TRAINING INVOLVED AS OPPOSED TO JUST SUITING UP AND GOING IN? ACTUALLY, THE THE TRAINING THAT WAS MENTIONED TONIGHT IS VERY SIMILAR TO WHAT WE RECEIVED FROM THAT FACILITY IN BLAISDELL. OKAY. THEY ARE THE EXPERTS IN THAT TECHNOLOGY, AND MOST FIRE DEPARTMENTS WILL PROBABLY DEFER TO THEM WHEN IT COMES TO AN EMERGENCY SITUATION. AND I YOU CAN'T SPEAK TO LAKEVIEW OR ANY OF THOSE, BUT THAT MIGHT BE SOMETHING ELSE THAT WE MAY WANT TO SEE. IF OUR FIRE DEPARTMENTS ARE TRAINED FOR THAT. AND DOES ANYBODY FROM THE BOARD HAVE ANY OTHER QUESTIONS FOR MR. MACON? I DID, BEING IGNORANT TO WHAT, REMEMBER WITH. I WILL RETURN TO MIKE'S OFF. NO, NO. REMEMBER JERSEY? REMEMBER JERSEY NOT BEING FAMILIAR WITH EXACTLY THESE BATTERY STORAGE THINGS? DO DO THEY PRODUCE THEIR OWN ELECTRICITY THAT'S SUPPLY TO THE AREA OR SOLD TO NASDAQ AND NEW YORK STATE WELL BEFORE. OKAY. DO YOU HAVE ANY OTHER QUESTIONS FOR OUR. NO. I'M SORRY. OKAY. I TRUST THAT THEY KNOW WHAT THEY'RE DOING AND WHAT THEY'RE GOING TO HAVE TO KNOW WHAT THEY'RE GOING TO BE DOING WITH THIS SAFETY ISSUE. IF YOU COULD JUST PROVIDE JOSH WITH THE NAME OF THE HAZMAT, THE ONE THAT WE TALKED ABOUT FROM THE STATE, I THINK IT'S

[01:50:02]

THEY AREN'T REQUIREMENTS ON THE FIRE DEPARTMENT. SO THESE ARE WHAT PEOPLE WHO WANT TO DO THEM HAVE TO DESIGN TO. IT INCLUDED PEER REVIEW OF OUR DESIGNS TO MAKE SURE EVERYTHING HAD BEEN SAVED. IT INCLUDES HAVING EXPERTS ON THE LINE AND AVAILABLE TO TALK. IF THERE'S AN INCIDENT, THE FIRE DEPARTMENT RESPONDS. THEY HAVE SOMEONE TO CALL AND THEY CAN BE ON THE PHONE WITH IMMEDIATELY. AND THEN THAT ALSO AT THE SAME TIME, THEY WILL DISPATCH SOMEONE TO THE SITE TO RELIEVE THEM. AND IT'S A MOST FOUR HOURS TO HAVE SOMEBODY ON SITE FOR THAT. ANOTHER REQUIREMENT IS THAT WE TRAIN THE LOCAL FIRE DEPARTMENT AND THAT WE ANNUALLY RENEW THAT TRAINING. SO THOSE ARE THE TYPES OF THINGS THAT WERE INCLUDED IN THAT AMENDED CODE. MY OTHER QUESTIONS THAT I HAD IS, HOW MANY OF THESE SITES, IF YOU WILL, OR OPERATIONS DO YOU HAVE THROUGHOUT THE UNITED THROUGHOUT THE STATE OF NEW YORK? AND HOW MANY INCIDENTS INSTANCES HAVE YOU HAD IN THE LAST FIVE YEARS? SO WE ARE A DEVELOPMENT COMPANY. WE AT THIS POINT DON'T HAVE ANY OF OUR PROJECTS OPERATIONAL. WE'VE GOT THE THE FIRST ONE IS ABOUT TO REACH ITS FINAL APPROVAL THAT I'M WORKING ON. BUT AS I'VE SAID, THE. THERE ARE ARE TENS OF THOUSANDS OF THE MEGAPACK, TWO XL'S IN OPERATION ACROSS THE COUNTRY, AND THERE HAVE BEEN ZERO INCIDENTS ON THOSE ON ALL THOSE PROJECTS ON MEGAPACK TWO XL'S. THERE HAVE BEEN NO INCIDENTS. OKAY. AND THAT'S WHY WE WE'VE CHOSEN TO USE THAT TECHNOLOGY. BOARD MEMBERS. DOES ANYBODY ELSE HAVE ANY QUESTIONS? HAVE ANY OTHER QUESTIONS? HI JOSH, WHERE DO WE GO FROM HERE.

SO I WOULD RECOMMEND OUR IF THE BOARD FEELS COMFORTABLE AUTHORIZING THE COORDINATED REVIEW, WHICH WILL GO OUT TO A LOT OF THE AGENCIES, REALLY MAINLY FOR COMMENT. LIKE I SAID, NONE OF THEM REALLY HAVE ANY APPROVAL POWER. BUT COMMENT FOR YOU TO USE IN YOUR SECRET DECISION. AND THEN BECAUSE THERE'S THAT 30 DAY TIME FRAME, I THINK TABLING IT TO AT MINIMUM THE JUNE 17TH MEETING MAKES THE MOST SENSE. THE 30 DAY TIME PERIOD WON'T REALLY

[01:55:05]

WE JUST MAKE A SECRET DECISION. OKAY. THE PUBLIC HEARING TECHNICALLY WILL BE HANDLED DEPENDING ON YOUR DECISION. YEAH. IN FRONT OF THE DBA, THERE'LL BE A PUBLIC HEARING BEFORE. YEAH. SO THE ONLY THE ONLY PUBLIC HEARING WOULD BE SHOULD THIS COME BACK TO THE PLANNING BOARD FOR SITE PLAN APPROVAL AND CHANGE OF USE. OKAY. SO I THINK COMING BACK TO THE 17TH, HEARING SOME OF THE COMMENTS, LETTING THEM PRESENT ANY FURTHER ADDITIONAL INFORMATION, THEN WE CAN GO FROM THERE. OKAY, THAT SOUNDS FINE. ALL RIGHT, THEN WE'LL SEE YOU BACK HERE ON THE 17TH. THANK YOU. ENJOY THE REST OF YOUR EVENING. THANK YOU, THANK

[Additional Item]

AJAK CAN'T. I'M SORRY. SEPTEMBER AND NOVEMBER MEMBERS AGE. I CAN'T VOTE ON THOSE BECAUSE HE WASN'T A MEMBER AT THAT POINT. AND THEN WE HAVE MARCH, APRIL 1ST, APRIL 15TH AND MAY 6TH. SO YEAH, SO WE HAVE MINUTES FOR SEPTEMBER 17TH, NOVEMBER 19TH. MARCH 18TH.

APRIL 1ST. APRIL 15TH, MAY 6TH. RIGHT. SO WHY DON'T WE VOTE ON THAT FIRST 2ND SEPTEMBER 17TH AND NOVEMBER 19TH AND THAT AND WE'LL EXCLUDE MEMBERS. AJAK SINCE HE WASN'T A MEMBER AT THAT POINT. SO FOR SEPTEMBER 17TH, 2025 MINUTES AND FOR NOVEMBER 19TH, 2025, ARE THERE ANY CHANGES EDIFICACIONES ANYTHING? DOES ANYBODY HAVE TO MAKE NO. CHAIR? NO, NO. OKAY.

SO BASED ON THAT, ARE THOSE EVERYONE IN FAVOR OF APPROVING THOSE TWO DATES, SAY I, I, I MEMBERS AJAK AND MEMBER KWANT ABSTAINED. AND SO THOSE TWO MEETINGS APPROVED. AND THEN WE HAVE MARCH 18TH, APRIL 1ST, APRIL 15TH AND MAY 6TH. NOW ON MAY 6TH. WAS THAT DRAGONETTE? SO, MILTON. KEN, HOW DOES THAT WORK? BECAUSE HE WAS A PART OF THAT. I MEAN, NOT TO I MEAN, AS AN ALTERNATE, DOES IT DOES IT EVEN REALLY MATTER NOT TO SAY YOU'RE WORTH LESS, BUT DOES IT EVEN DOES IT EVEN REALLY MATTER? I MEAN, HE'S OKAY. I JUST WANT I, YOU KNOW, I JUST, I THINK WE, I THINK, I THINK WE HAVE ENOUGH VOTES TO VOTE ON THE MINUTES. I THINK IF WE DIDN'T, THEN HE WOULD BE ABLE TO I BELIEVE, BUT I'M NOT THE LAWYER. OKAY. SO THAT'S FINE THEN. OKAY. SO ARE THERE ANY CHANGES FOR MARCH 18TH, APRIL 1ST, APRIL 15TH OR MAY 6TH? EVERYBODY HAD A CHANCE TO REVIEW THEM. YES, YES. OKAY. SO ALL THOSE IN FAVOR OF THE MOTION OF THE MINUTES FOR THOSE DATES. MARCH 18TH, APRIL 1ST, APRIL 15TH AND MAY 6TH, SAY I, I, I I. ANY OPPOSED? NONE.

THOSE MINUTES HAVE PASSED. OKAY. AND WITH THAT THANK YOU VERY MUCH, KIM. AND WITH THAT, IS THERE ANY I MAKE A MOTION TO ADJOURN SO YOU CAN GO. SECOND ALLERGY MEDICATION. IT'S BEEN MOVED IN. SECOND MEETING'S ADJOURNED. ALL. ALL

* This transcript was compiled from uncorrected Closed Captioning.